Nevada Revised Statutes 412.293 – Use of formal proceeding by commanding officer after consultation; notice to accused; accused entitled to consult with counsel; commanding officer not bound by formal rules of evidence
1. A commanding officer who, after inquiry or investigation, determines that nonjudicial punishment is appropriate for a particular serviceman or servicewoman shall use a formal proceeding. In determining whether nonjudicial punishment is appropriate, the commanding officer shall consult with a judge advocate. The commanding officer may also consult with a superior commissioned officer who is not the superior authority who is to act on appeal pursuant to NRS 412.296.
Terms Used In Nevada Revised Statutes 412.293
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
2. If the commanding officer determines that a formal proceeding is appropriate, the accused must be notified in writing of:
(a) The intent of the commanding officer to initiate nonjudicial punishment;
(b) The intent of the commanding officer to use a formal proceeding;
(c) The maximum punishments allowable under the formal proceeding;
(d) The right of the accused to remain silent;
(e) Each offense that the accused has allegedly committed with reference to sections of the law that are alleged to have been violated;
(f) The right of the accused to confront witnesses, examine the evidence and submit matters in defense, extenuation and mitigation;
(g) The right of the accused to consult with a judge advocate and the location of such counsel; and
(h) The right of the accused to appeal.
3. If the commanding officer determines that a formal proceeding is appropriate, the accused must be given a reasonable time to consult with counsel and to gather matters in defense, extenuation and mitigation. This period of time must be at least 48 hours, depending on the availability of counsel, but such period of time may be extended at the request of the accused.
4. The commanding officer is not bound by the formal rules of evidence before courts-martial and may consider any matter the commanding officer reasonably believes is relevant to the offense.