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Article 15: Difference between revisions
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In Star Fleet and SF Marine Corps, nonjudicial discipline may be imposed by an “Officer in Charge.” The Term “Officer in Charge” does not mean an “OIC,” as a job title, but rather a specific officer in the chain of command immediately in charge of the individual(s) facing NJD. | In Star Fleet and SF Marine Corps, nonjudicial discipline may be imposed by an “Officer in Charge.” The Term “Officer in Charge” does not mean an “OIC,” as a job title, but rather a specific officer in the chain of command immediately in charge of the individual(s) facing NJD. | ||
“Mast,” and “office hours” are procedures whereby the commanding officer or officer in charge may: (1) Make inquiry into the facts surrounding minor offenses allegedly committed by a member of his command; (2) afford the accused a hearing as to such offenses; and (3) dispose of such charges by dismissing the charges, imposing disciplinary measures under the provisions of Art. 15, SFUCMJ, or referring the case to a court-martial. NJD is not a trial, and the imposition of disciplinary measures at NJD does not constitute a conviction. While nonjudicial discipline is administrative in nature, it can still have a profoundly negative impact on a Star Fleet member’s career. | “Mast,” and “office hours” are procedures whereby the commanding officer or officer in charge may: (1) Make inquiry into the facts surrounding minor offenses allegedly committed by a member of his command;<br> | ||
(2) afford the accused a hearing as to such offenses; and<br> | |||
(3) dispose of such charges by dismissing the charges, imposing disciplinary measures under the provisions of Art. 15, SFUCMJ, or referring the case to a court-martial. NJD is not a trial, and the imposition of disciplinary measures at NJD does not constitute a conviction. While nonjudicial discipline is administrative in nature, it can still have a profoundly negative impact on a Star Fleet member’s career. | |||
'''Offenses Punishable Under Article 15, SFUCMJ''' | '''Offenses Punishable Under Article 15, SFUCMJ''' | ||
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'''Hearing rights:''' | '''Hearing rights:''' | ||
If the accused does not demand trial by court-martial within a reasonable time after having been advised of their rights (usually 3 workdays unless the commander grants an extension), or if the right to demand court-martial is not applicable, the accused shall be entitled to appear personally before the commanding officer for the NJD hearing. At such hearing, the accused is entitled to: | If the accused does not demand trial by court-martial within a reasonable time after having been advised of their rights (usually 3 workdays unless the commander grants an extension), or if the right to demand court-martial is not applicable, the accused shall be entitled to appear personally before the commanding officer for the NJD hearing. At such hearing, the accused is entitled to: | ||
(1) be informed of their rights under Art. 31, SFUCMJ (self- incrimination); | (1) be informed of their rights under Art. 31, SFUCMJ (self- incrimination);<br> | ||
(2) be accompanied by a spokesperson provided by or arranged for by the member, and the proceedings need not be unduly delayed to permit the presence of the spokesperson | (2) be accompanied by a spokesperson provided by or arranged for by the member, and the proceedings need not be unduly delayed to permit the presence of the spokesperson<br> | ||
(3) be informed of the evidence against them relating to the offense; | (3) be informed of the evidence against them relating to the offense;<br> | ||
(4) be allowed to examine all evidence upon which the commanding officer will rely in deciding whether and the degree of disciplinary procedures to impose; | (4) be allowed to examine all evidence upon which the commanding officer will rely in deciding whether and the degree of disciplinary procedures to impose;<br> | ||
(5) present matters in defense, extenuation, and mitigation, orally, in writing, or both; | (5) present matters in defense, extenuation, and mitigation, orally, in writing, or both;<br> | ||
(6) have witnesses present, including those adverse to the accused, upon request, if their statements will be relevant, and if they are reasonably available. A witness is reasonably available if their appearance will not unduly delay the proceedings, or, in the case of a military witness, will not necessitate their being excused from other classified, critical or war-time duties; and | (6) have witnesses present, including those adverse to the accused, upon request, if their statements will be relevant, and if they are reasonably available. A witness is reasonably available if their appearance will not unduly delay the proceedings, or, in the case of a military witness, will not necessitate their being excused from other classified, critical or war-time duties; and<br> | ||
(7) have the proceedings open to the public unless the commanding officer determines that the proceedings should be closed for good cause or matters of Star Fleet security. No special facility arrangements need to be made by the commander. Even if the accused does not wish the proceedings to be open to the public, the commander may open them anyway at their discretion. In most cases, the commander will open them partially, and have present relevant members of the command (XO, first sergeant, supervisor, etc.) | (7) have the proceedings open to the public unless the commanding officer determines that the proceedings should be closed for good cause or matters of Star Fleet security. No special facility arrangements need to be made by the commander. Even if the accused does not wish the proceedings to be open to the public, the commander may open them anyway at their discretion. In most cases, the commander will open them partially, and have present relevant members of the command (XO, first sergeant, supervisor, etc.) | ||