Which statement is true about the use of hearsay in NJP proceedings?

• A. Hearsay is completely prohibited
• B. Hearsay may not be considered
• C. Hearsay may be considered by the CO
• D. Hearsay requires defense consent

Answer: (C)

In NJP proceedings, evidence rules are flexible enough to allow the commanding officer to consider information beyond strict firsthand testimony. Hearsay may be considered by the CO, as part of forming a complete picture for fair and prompt discipline. The key idea is that NJP is an administrative action with broader discretion for evidence than a formal court-martial, so secondhand information can be weighed alongside other evidence. The accused still has opportunities to present defenses and evidence, and the CO will judge the reliability and relevance of the hearsay in light of the overall case. It’s not required for the defense to consent to hearsay being used, and the other options overstate prohibitions or exclusions.