Burden of Proof is Preponderance of Evidence

NON-JUDICIAL PUNISHMENT Minor Infractions Commander’s Tool Booker warnings! Burden of Proof is Preponderance of Evidence Decision is: to impose or not impose punishment No formal Guilty/Not Guilty findings No refusal after sentence announced “I impose the following punishment” No refusal on ship UPB vs. Page 12 References: MCM Section V Limited by JAGMAN Chapter 1, Part B LEGALADMINMAN Chapter 6 NON-JUDICIAL PUNISHMENT Procedures: Notify Marine of NJP Send to NJP Class at LSSS Prepare UPB Prepare forms Prepare Script Hold NJP Appeal? Complete UPB POLICY: Marines and Sailors who are sent to the Legal Services Support Section for nonjudicial punishment, summary court-martial and administrative separation counseling must have at a minimum the following items prior to seeing the video and an attorney: (1) a charge sheet; (2) evidence of the offense or offenses for which they are being charged; (administrative separation counselees need their complete package with rights advisements) and, (3) either their original SRB, a copy of their SRB, or a "letter" from the command, signed by someone in a position of authority, that indicates the contents of the individual's page 11, 12, or 13. The charge sheet and evidence are needed to ensure that the command is taking some sort of action against the individual. All to often, a Marine or Sailor is sent over here by someone in his or her chain of command, before the Commander has decided anything. The need to see a defense counsel in this case is premature. Sometimes the matter is handled with counseling or other corrective means. Other times, the case is sent to a special court-martial. Waiting until the Commander makes a decision prevents the individual from sitting over here waiting to see an attorney who cannot really help the Marine or Sailor. Without a charge sheet and the supporting evidence, we cannot properly advise the individual because we do not know what they are being charged with and the evidence supporting the allegation. Additionally, without this information, we are forced to form an attorney-client relationship because the individual is giving us the facts of his or her case so that we can properly advise them. Seeing individuals without this information and under these circumstances violates the rules governing our actions as defense counsel. We cannot do this. There are exceptions, but these should be handled on a case-by-case basis and approved by the Senior Defense Counsel. MONDAY – WEDNESDAY – FRIDAY 0730 LSSS (BLDG 63) CO is O-3 and below CO is O-4 and above CCU: 7 days CCU: 30 days Rest: 14 days Rest: 60 days (45 if w/EPD) EPD: 14 days EPD: 45 days Forf: 7 days pay Fort: 1/2 of 1 mos pay for 2 mos Red: Marine COs must be SPCMCA Red: one pay grade NJP PUNISHMENT