Flashcards in Military Justice Deck (34):
Hay does UCMJ stand for?
Uniform code of military justice
What does MCM stand for?
Manual for courts martial
Why should commanders use nonpunitive measures to the fullest extent?
To further the efficiency of the command before resorting to nonjudicial punishment
In what cases is the use of nonjudicial punishment considered appropriate?
In all cases involving minor offenses in which nonpunitive measures are considered inadequate or inappropriate
What should be done if it is clear that nonjudicial punishment will not be sufficient?
More stringent measures must be taken
What is essential for nonjudicial punishment to have the proper corrective effect?
What is an article 15?
Type of nonjudicial punishment for minor offenses imposed upon military personnel by the commander
What is the aim of nonjudicial punishment?
Correct, educate, and reform offenders whom the imposing commander determines cannot benefit from less stringent measuresPreserve a soldiers record of service from unnecessary stigma by record of court martial convictionFurther military efficiency by disposing of minor offenses in a manner requiring less time and personnel than trial by court martial
Who may impose an Article 15?
Any commanding officer, including a warrant officer exercising command
Does a person have to accept an Article 15?
No, a soldier has the right to demand a trial by court martial
What is the relationship of nonjudicial punishment to nonpunitive measures?
Nonjudicial corrects misconduct. Such conduct may result from intentional disregard of, or failure to comply with, prescribed standards. Nonpunitive measures deal with misconduct resulting from simple neglect, forgetfulness, laziness, inattention to instructions and similar deficiencies. These measures are tools for teaching proper standards of conduct and do not constitute punishment
What is one of the most effective nonpunitive measures available to a commander?
Extra training/instruction. (The training must relate directly to the deficiency observed and must be oriented to correct that particular deficiency
What are the two officer categories that determine the maximum punishment imposed under Article 15 of the UCMJ?
Company grade - O3 or below Field grade O4 -O6 and general officers
What are the two types of proceedings taken during nonjudicial punishment, article 15 process?
Summarized proceedingsFormal proceedings
What is the maximum punishment under summarized proceedings?
Extra duty for 14 days Restriction for 14 days Oral reprimand or admonition Any combination of the above
When does a commander decide to proceed to the formal proceedings of an article 15 after performing g the preliminary inquiry in the summarized proceedings?
When the commander who, after a preliminary inquiry, determines that the soldier alleged to have committed an offense and that punishment, if it should prove to be appropriate, might exceed extra duties for 14 days, restriction for 14 days, oral reprimand, etc
What is the difference between a company grade and field grade article 15?
Maximum authority punishment, other than this they are identical
What is the maximum punishment under company grade article 15, excluding correctional custody and diet confinement?
Forfeiture of 7 days pay for 1 monthRestrictionExtra duty for 14 days 1 grade reduction for E4 and belowOral or written letter of reprimand
What is the maximum punishment under field grade article 15?
Forfeit 1/2 months pay for 2 monthsRestriction for 60 days Extra duty for 45 days 1 grade reduction E1-E6Oral or written letter of reprimand
What form is used to record nonjudicial punishment proceedings?
DA Form 2627-1
What are three types of courts martial?
What is the nations highest military court?
Court of appeals for the armed forces (CAAF)
Who makes up the CAAF?
5 civilian judges, appointed for a fifteen year term
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
What rights are given to a soldier under article 31?
The right to remain silentThe right to an attorneyProtection from self-incrimination
What is a reprimand?
Act of formal censure, or or written, which condemns the offender for misconduct
What is the statute of limitations for nonjudicial punishment?
What is not included in the two-year statute of limitations for nonjudicial punishment?
Absent without authority (AWOL) Fleeing from justice Outside the territory where the US has authority to apprehendIn the custody of civil authorities In the hands of the enemy
What is a minor offense?
Misconduct not involving any greater degree of criminality than is involved in the average offense tried by summary court martial
How does the commander determine if nonjudicial punishment procedure would be appropriate?
Conduct a preliminary investigation, usually the preliminary investigation is informal and consists of interviews with witnesses and review of police or other informative reportsThe investigation should provide the commander with sufficient information to make an appropriate disposition of the incident
What are the step of the summarized proceedings?
Preliminary inquiryNotification and explanation of rightsDecision period Hearing AppealRecording and filing of DA Form 2627-1
What are the soldiers rights during the summarized proceedings for nonjudicial punishment?
Fully present the soldiers case in the presence, except in rare circumstances, of the imposing commanderCall witnessesPresent evidence Request that the soldier be accompanied by a spokesperson Request an open hearingExamine available evidence
What 9 rights under article 31 must a soldier be made aware of when he is notified of being considered for punishment under formal article 15?
Right to remain silentRight to counselRight to demand trialRight to present his case in the presence of the imposing commander Call witnessesPresent evidenceRequest that he be accompanied by a spokespersonRequest an open hearingExamine available evidence