HAR §7-2-8. Evidence required

Hawaii Administrative Rules: Title 7, Department of Defense; Subtitle 1, Military Justice; Chapter 2: Nonjudicial Punishment State of Hawaii Department of Defense: Administrative Services Office [http://www.dod.state.hi.us/aso] (Page 4 of 13) 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. [Eff: FEB 11 1985] (Auth: HRS §§124A-21, 124A-171) (Imp: HRS §124A-21) BACK TO TOP