If someone really feels there's "no evidence," or not enough evidence, as mentioned, the remedy for that is to demand trial by court-martial.I understand the reasoning for NJP and don’t necessarily disagree with the reasoning for it.
Just kind of find it unfair for Captains to punish Sailors in instances of no evidence of wrongdoing.
And to @Spekkio point. I think it’s a totality of circumstances type of thing.
There is that old saying in criminal justice regarding crime and cops “you might beat the rap but you won’t beat the ride”
Meaning you may very well get off later but your life still going to be messed up and you’re still gonna be dealing with it.
All it takes is one cop having a bad day when you’re on the way home from golf and them wanting to abuse his power and charging you and your entire career and life ruined. You’ll be climbing an uphill battle. That’s why I think it should always be viewed differently.
Ive seen that exact scenario play out on someone and the guy didn’t even have his BAC taken or a field sobriety test and the stop was an invalid stop. But the Officer still took the guy to jail. Once the prosecutors got it they dropped it immediately for the stop being invalid and lack of evidence. The guys life was still a mess cause he had to deal with the Navy punishing him for it before it even went thru court
Or go to Defense Services Office and ask a JAG for help pre-mast, or for help drafting an NJP appeal.
Or call the IG hotline and make a complaint.
Or file an Article 138 against the CO.
Or call your Member of Congress.