If a service member has a tenuous personal situation for example, if married with children, it is especially important to provide the commander with evidence of your family’s financial situation and what impact rank reduction and forfeitures would have on your spouse and children. Matters in mitigation are introduced to lessen the possible punishment you might receive because of your personal situation, service record, acts of bravery, reputation, etc. Matters in extenuation serve to explain the circumstances surrounding the offense. ![]() If you are found guilty, you may present evidence in extenuation and mitigation to influence the commander’s decision as to an appropriate punishment. You will be personally notified what the punishment is and it will be written in on the Article 15 form. If he or she determines you committed the charged offense(s), the commander will then determine what punishment should be imposed. If the commander decides that you are not guilty of the charge(s), the proceeding ends and the Article 15 is destroyed. Accordingly, there are various ways to present evidence in front of the imposing commander.Īfter all the evidence in your case has been presented, the commander will decide whether you committed the offense(s). The Military Rules of Evidence do not apply at an Article 32 hearing. Even if a live witness cannot be present, written statements and other documents can be presented. With some limitations, live witnesses may be presented. A character witness is a person who can testify that you are a good military member and thus unlikely to have committed the charged offense, or, if you did commit the offense, that you can be rehabilitated. A fact witness is a person who can testify or provide evidence to show why you are not guilty. As a general proposition, there are two kinds of witnesses: defense or “fact” witnesses and character witnesses. You have a right to have witnesses testify on your behalf. Whether or not a military lawyer will be present, at your request, to assist you in front of the commander is service dependent. You may also ask someone to act as your spokesperson and to speak to the commander on your behalf. You may present witnesses or other evidence (statements, police reports, etc.) to show why you are not guilty, or you may personally speak on these matters why you should not be punished, or why your punishment should be very light. Once you “accept” the Article 15, the imposing commander must listen to your side of the case, if you decide to present any matters. The commander essentially becomes judge and jury with your permission and you waive your right to have the case heard by a court-martial. Rather, it is your decision to have the imposing commander determine whether you are guilty or not guilty of the offenses of which you are suspected. However, acceptance of an Article 15 is not an admission of guilt. If you decide to accept an Article 15, you lose your right to demand trial by court-martial. Also except under limited circumstances, members have the right to consult with counsel before making this election. Except under limited circumstances, service members have the right to refuse or “turn down” an Article 15 and demand trial by court-martial. ![]() Additionally, he or she is presenting the member with a choice: whether or not to “accept” the Article 15. When the service member is “offered” an Article 15 action, the commander is notifying the member that he or she believes the member has committed one or more offenses under the UCMJ. It is known by different names in different services: “Article 15,” “NJP,” and “Captain’s Mast” are among the most common. ![]() Nonjudicial punishment’s name is drawn from the authorizing statute – Article 15, UCMJ. Nonjudicial Punishment/Article 15 Overview If you have been offered nonjudicial punishment, we encourage you to contact JAG Defense for a free consultation with an experienced military defense attorney to discuss your options. While nonjudicial punishment is administrative in nature, it can still have a profoundly negative impact on a military member’s career. In the military, nonjudicial punishment may be imposed by a commander as a means to deal with minor violations of the Uniform Code of Military Justice (UCMJ).
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