Hawaii Administrative Rules
Title 7 - DEPARTMENT OF DEFENSE
Subtitle 1 - MILITARY JUSTICE
Chapter 2 - NONJUDICIAL PUNISHMENT
Section 7-2-8 - Evidence required
Universal Citation: HI Admin Rules 7-2-8
Current through February, 2024
Although no formal rules of evidence or standards of proof apply to any phase of non-judicial punishment proceedings, the commanding officer shall recognize that the suspected offender is entitled to demand trial by court-martial at which proof beyond a reasonable doubt by competent evidence is a prerequisite to punishment. Accordingly, the commanding officer shall consider whether proof beyond a reasonable doubt by competent evidence would be obtainable before initiating non-judicial punishment. If competent evidence which would provide proof beyond a reasonable doubt does not exist, non-judicial punishment shall not be warranted.
Disclaimer: These regulations may not be the most recent version. Hawaii may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
