Yesterday I was perusing Gene Fidell's Military Justice: A Very Short Introduction and noticed a startling figure: there are about 50x more NJPs than there are courts-martial. I also happened to be reading Criminal Municipal Courts by Alexandra Natapoff, wherein she concludes: "These hybrid institutions...pose thorny conceptual challenges: they are stand-alone judicial entities that are also arms of municipal government operating under reduced constitutional constraints as they mete out criminal convictions. As such, they create numerous tensions with modern norms of due process, judicial independence, and other traditional indicia of criminal court integrity." Could the same be said of NJPs? While they may not be technically "criminal," they certainly purport to be "punishing."
No one talks much about what happens in these institutions, but maybe we should start. Anecdotes welcome!
-Current Term Opinions
Joint R. App. Pro.
Global MJ Reform
LOC Mil. Law