Nevada Revised Statutes 412.2875 – Imposition of nonjudicial punishment: Duty of commanding officer; imposition not bar to court-martial or other legal proceeding
1. This section sets forth the law, policies and procedures for nonjudicial punishment in the state military forces. Unless modified by this Code, the procedures contained in Chapter 3 of Army Regulation 27-10 and Air Force Instruction 51-202, as they may be amended or replaced, apply to nonjudicial punishment in this Code.
Terms Used In Nevada Revised Statutes 412.2875
- Conviction: A judgement of guilt against a criminal defendant.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
2. Each commanding officer shall use nonjudicial punishment as an essential and prompt means of maintaining good order and discipline, and to promote positive behavior and changes in servicemen and servicewomen without the stigma of a court-martial conviction.
3. No superior may:
(a) Direct that a subordinate authority impose nonjudicial punishment in a particular case; or
(b) Issue regulations or guidelines which suggest to subordinate authorities that certain categories of minor offenses be disposed of by nonjudicial punishment instead of by court-martial or disposed of by administrative corrective measures, or that predetermined types or amounts of punishment be imposed for certain classifications of offenses that the subordinate authority considers appropriate for disposition by nonjudicial punishment.
4. Nonjudicial punishment may be imposed for a minor offense. Whether an offense is minor must be determined by, without limitation:
(a) The nature of the offense and the circumstances surrounding the commission of the offense;
(b) The age, rank, duty assignment, record and experience of the offender; and
(c) The maximum possible sentence that could be imposed for the offense if tried by general court-martial.
5. The decision as to whether an offense is minor is a matter of discretion for the commanding officer imposing nonjudicial punishment. The imposition and enforcement of nonjudicial punishment pursuant to NRS 412.286 to 412.302, inclusive, is not a bar to a trial by court-martial or other legal proceeding for a serious crime or offense growing out of the same act or omission and not properly punishable pursuant to NRS 412.286 to 412.302, inclusive, but the fact that a nonjudicial punishment has been enforced pursuant thereto may be shown by the accused at trial and when so shown must be considered in determining the severity of punishment to be adjudged in the event of a finding of guilty.