Military Justice

Question 1

Why is there a need for a military justice system?

Answer 1

-crimes unique to military
–malingering, desertion, AWOL

-discipline
–promotes efficiency

-worldwide operations
–require a law that can be used in foreign lands

Question 2

What are the characteristics of the Uniform Code of Military Justice?

Answer 2

-part of the US code

-modified and consolidated the Articles of War, Articles for the Government of the Navy, and Disciplinary Laws of the Coast Guard

-contains the punitive articles (77-134)

-extends jurisdiction outside the US

Question 3

What are the characteristics of the Manual for Courts-Martial?

Answer 3

-not just a guide
-full force and effect of the law
-binding on all personnel subject to the UCMJ
-implemented by Executive Order

Question 4

What are the three components of maintaining discipline?

Answer 4

-Preventative Discipline
-Administrative Action
-Punitive Action

Question 5

What is “preventative discipline”?

Answer 5

-action taken to encourage members to follow standards and regulations to prevent infraction

Question 6

What is the objective of preventative discipline?

Answer 6

-to encourage self-discipline rather than having discipline imposed by superiors

Question 7

What is “administrative action” as it pertains to maintaining discipline?

Answer 7

-action subsequent to a rule infraction

-seeks to discourage future infractions and to ensure that further acts comply with standards

Question 8

What are the three objectives of “administrative action”?

Answer 8

-reform the offender
-deter others from similar actions
-maintain consistent, effective group standards

Question 9

What are the tools that can be used to maintain discipline?

Answer 9

-Letter of Counseling
-Letter of Admonishment
-Letter of Reprimand
-Unfavorable Information File
-Control Roster
-Officer Selection Record

Question 10

What is a Letter of Counseling and give some examples of why one would be issued?

Answer 10

-a document of verbal counseling

–late
–no show
–sloppy uniform
–traffic ticket

Question 11

What are the characteristics of a Letter of Admonishment?

Answer 11

-more serious than a Letter of Counseling

-used to document a more serious infraction, but not serious enough to warrant a Letter of Reprimand

Question 12

What are the characteristics of a Letter of Reprimand?

Answer 12

-official censure of inefficiency, impropriety, or misconduct

-more severe than a Letter of Counseling or a Letter of Admonition and indicates a stronger degree of official censure

-must be written according to AFI 36-2907

Question 13

What are the characteristics of an Unfavorable Information File?

Answer 13

-repository at Military Personnel Section (MPS)

-contains information regarding a person’s duty performance and conduct

Question 14

What items might be contained within an Unfavorable Information File?

Answer 14

-Article 15
-Letters of Reprimand
-Counseling Documents
(as attachments only)

Question 15

What is a control roster?

Answer 15

-list of the names of individuals whose conduct, bearing, integrity, or duty performance require special attention, observation, evaluation, or rehabilitation

Question 16

How does a Control Roster aid in Military Justice?

Answer 16

-assists commanders and supervisors in controlling and managing those members

-gives the person a chance to improve in their deficit area within a specific time period

-renders the individual ineligible for reenlistment, promotion, PME in residence (Professional Military Education), or PCS while on the roster

Question 17

What is an Officer Selection Record?

Answer 17

-derogatory data available to a promotion record

Question 18

What is documented in an Officer Selection Record and for how long is it mandatory?

Answer 18

-court-martial convictions
-nonjudicial punishment
-Letters of Reprimand
-Letters of Admonishment
-Letters of Counseling
(from substantiated investigations)
-removal of command for cause

Question 19

What are the types of Punitive Actions that can be taken?

Answer 19

-Nonjudicial
-Judicial

Question 20

True or False: an Article 15 is a Judicial punitive action

Answer 20

False; NON-judicial

Question 21

What are the types of Judicial Punitive Actions that can be used to maintain discipline?

Answer 21

-Summary Court-Martial
-Special Court-Martial
-General Court-Martial

Question 22

What are the characteristics of an Article 15?

Answer 22

-for minor offenses
-imposed by the commander
-punishment depends on rank of offender and commander
-member may request trial by court-martial instead
-acceptance of forum, not admission of guilt
-does not constitute a criminal conviction

Question 23

What are the characteristics of a Summary Court-Martial?

Answer 23

-tries minor offenses
-for enlisted members only
-one officer acts as judge
-limited punishment

Question 24

What are the characteristics of a Special Court-Martial?

Answer 24

-tries intermediate offenses
-military judge + 4 members
-can request a “Bench Special” with only a military judge; 6mos max punishment; accused can object
-limited punishment

Question 25

What are the characteristics of a General Court-Martial?

Answer 25

-most serious offenses -military judge + 8 members -maximum punishment

Question 26

What are your legal rights as it pertains to military justice?

Answer 26

-right to remain silent -right to a lawyer -search, seizure, or inspection must be authorized by proper authority

Question 27

What article of the UCMJ establishes a suspect's right to remain silent?

Answer 27

-Article 31

Question 28

What are some details associated with the "right to remain silent" as part of military justice?

Answer 28

-right to stop questioning at any time -avoid self-incrimination -right to be informed of the nature of the offense -if you do say something after being advised of rights, it can be used against you

Question 29

What are some details associated with the "right to counsel" as part of military justice?

Answer 29

-an Area Defense Counsel (ADC) can be appointed for you free of charge -you can pay for a civilian defense counsel

Question 30

What are some details associated with "search and seizure" as part of military justice?

Answer 30

-in most cases, the Staff Judge Advocate (SJA) should be consulted before a search, seizure, or inspection is authorized -commanders have the authority to authorize searches, seizures, and inspections for areas in which they have authority

Question 31

What are your responsibilities as it pertains to military justice?

Answer 31

-comply with standards -enforce standards -don't condone misconduct

Question 32

What are the functions of the Staff Judge Advocate?

Answer 32

-commander's legal staff who runs the installation legal office

Question 33

What areas is each installation legal office divided into (run by the SJA)?

Answer 33

-military justice -claims -civil law

Question 34

What does the military justice section of an installation legal office do?

Answer 34

-prosecutes all courts-martial -gives legal advice to police investigators and commanders concerning criminal investigations -advises unit commanders with Article 15's -reviews procedures for sufficiency

Question 35

What does the claims section of an installation's legal office do?

Answer 35

-settles small claims made against government (e.g. car accident) -file claims on behalf of the govt when someone damages govt property -large claims forwarded to AF Tort Claims and Litigation Branch

Question 36

What does the civil section of an installation's legal office do?

Answer 36

-provides notary service, wills and powers of attorney, -provides legal assistance to military members and dependents -conducts legal reviews for commanders -help fill out and file tax returns

Question 37

What are the functions of the Area Defense Counsel (ADC)?

Answer 37

-represents USAF and USSF personnel -separate chain of command from SJA -provides legal advice and representation to military members under criminal investigations, letters of reprimand, article 15, administrative demotions and separations, and courts-martial

Question 38

What are the functions of the Special Victims Counsel?

Answer 38

-advises victims of alleged sexual assault and represents them during courts-martial -assists victims with providing information to court on sentencing -separate from the SJA