Haw. Code R. § 7-2-8
Current through November, 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.
Haw. Code R. § 7-2-8