Flashcards in Military Justice Deck (19)
What AR covers military justice?
Does a person have to accept an article 15?
No, he or she has the right to demand a trial by court martial.
What kind of extra duty is an NCO given by an article 15?
Supervisory duty only.
What is the UCMJ?
Uniform Code of Military Justice (the statute that prescribes criminal law for soldiers).
How many articles are there in the UCMJ?
There are 146 Articles in the UCMJ. There are also sub-articles which total 12, nested within the UCMJ such as the following example: Article 106 deals with "Spies", but Article 106a Deals with "Espionage". It would be more accurate to state a total of 158 Articles in the UCMJ (The 146 Articles + 12 Sub-articles = 158)
When was the UCMJ enacted?
1950, congress enacted the UCMJ, which was based upon and replaced the Articles of War, which had been around in various forms since 1775
What is a Field Grade Article 15?
An article 15 imposed by an O4 or above
Who may impose an article 15?
Any commanding officer, including a warrant officer exercising command
What does the UCMJ establish?
It declares what conduct is a crime, establishes the various types of courts and sets forth the basic procedures to be followed in the administration of military justice.
What are the three classifications of article 15s?
2. Company grade
3. Field grade
What form is used to record Summarized Article 15 proceedings?
DA Form 2627-1
What are articles 77 through 134 of the UCMJ known as?
What are 3 types of Court martial?
What are the maximum punishments that company commanders may impose?
14 Days extra duty
14 Days restriction
7 Days correctional custody (E3 and below)
7 Days forfeiture of pay
1 Grade Reduction for E4 and below
Oral or written letter of reprimand
Who is the highest military court?
The court of military appeals
Under what article is Non-judicial punishment imposed?
Who makes up the court of military appeals?
The Court was originally composed of three civilian judges appointed by the President of the United States for a normal term of 15 years and confirmed by the Senate of the United States. However, effective October 1, 1990, Congress increased the membership on this Federal Court to five civilian judges, maintaining the original appointment and confirmation process. Except for ceremonial sessions and special hearing sessions held in various sections of the United States, the Court sits only in Washington, D.C.
What is one circumstance when a soldier does not have the right to refuse an Article 15 and demand trial by court martial?
When aboard a ship