Military Justice Flashcards Preview

MY Promotion Board > Military Justice > Flashcards

Flashcards in Military Justice Deck (34)
Loading flashcards...
1
Q

Hay does UCMJ stand for?

A

Uniform code of military justice

2
Q

What does MCM stand for?

A

Manual for courts martial

3
Q

Why should commanders use nonpunitive measures to the fullest extent?

A

To further the efficiency of the command before resorting to nonjudicial punishment

4
Q

In what cases is the use of nonjudicial punishment considered appropriate?

A

In all cases involving minor offenses in which nonpunitive measures are considered inadequate or inappropriate

5
Q

What should be done if it is clear that nonjudicial punishment will not be sufficient?

A

More stringent measures must be taken

6
Q

What is essential for nonjudicial punishment to have the proper corrective effect?

A

Prompt action

7
Q

What is an article 15?

A

Type of nonjudicial punishment for minor offenses imposed upon military personnel by the commander

8
Q

What is the aim of nonjudicial punishment?

A

Correct, educate, and reform offenders whom the imposing commander determines cannot benefit from less stringent measures
Preserve a soldiers record of service from unnecessary stigma by record of court martial conviction
Further military efficiency by disposing of minor offenses in a manner requiring less time and personnel than trial by court martial

9
Q

Who may impose an Article 15?

A

Any commanding officer, including a warrant officer exercising command

10
Q

Does a person have to accept an Article 15?

A

No, a soldier has the right to demand a trial by court martial

11
Q

What is the relationship of nonjudicial punishment to nonpunitive measures?

A

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

12
Q

What is one of the most effective nonpunitive measures available to a commander?

A

Extra training/instruction.

(The training must relate directly to the deficiency observed and must be oriented to correct that particular deficiency

13
Q

What are the two officer categories that determine the maximum punishment imposed under Article 15 of the UCMJ?

A

Company grade - O3 or below

Field grade O4 -O6 and general officers

14
Q

What are the two types of proceedings taken during nonjudicial punishment, article 15 process?

A

Summarized proceedings

Formal proceedings

15
Q

What is the maximum punishment under summarized proceedings?

A

Extra duty for 14 days
Restriction for 14 days
Oral reprimand or admonition
Any combination of the above

16
Q

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?

A

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

17
Q

What is the difference between a company grade and field grade article 15?

A

Maximum authority punishment, other than this they are identical

18
Q

What is the maximum punishment under company grade article 15, excluding correctional custody and diet confinement?

A
Forfeiture of 7 days pay for 1 month
Restriction
Extra duty for 14 days 
1 grade reduction for E4 and below
Oral or written letter of reprimand
19
Q

What is the maximum punishment under field grade article 15?

A
Forfeit 1/2 months pay for 2 months
Restriction for 60 days 
Extra duty for 45 days 
1 grade reduction E1-E6
Oral or written letter of reprimand
20
Q

What form is used to record nonjudicial punishment proceedings?

A

DA Form 2627-1

21
Q

What are three types of courts martial?

A

Summary
Special
General

22
Q

What is the nations highest military court?

A

Court of appeals for the armed forces (CAAF)

23
Q

Who makes up the CAAF?

A

5 civilian judges, appointed for a fifteen year term

24
Q

What is one circumstance when a soldier does not have the right to refuse an article 15 and demand trial by court martial?

A

When aboard a ship

25
Q

What rights are given to a soldier under article 31?

A

The right to remain silent
The right to an attorney
Protection from self-incrimination

26
Q

What is a reprimand?

A

Act of formal censure, or or written, which condemns the offender for misconduct

27
Q

What is the statute of limitations for nonjudicial punishment?

A

Two years

28
Q

What is not included in the two-year statute of limitations for nonjudicial punishment?

A
Absent without authority (AWOL) 
Fleeing from justice 
Outside the territory where the US has authority to apprehend
In the custody of civil authorities 
In the hands of the enemy
29
Q

What is a minor offense?

A

Misconduct not involving any greater degree of criminality than is involved in the average offense tried by summary court martial

30
Q

How does the commander determine if nonjudicial punishment procedure would be appropriate?

A

Conduct a preliminary investigation, usually the preliminary investigation is informal and consists of interviews with witnesses and review of police or other informative reports
The investigation should provide the commander with sufficient information to make an appropriate disposition of the incident

31
Q

What are the step of the summarized proceedings?

A
Preliminary inquiry
Notification and explanation of rights
Decision period 
Hearing 
Appeal
Recording and filing of DA Form 2627-1
32
Q

What are the soldiers rights during the summarized proceedings for nonjudicial punishment?

A

Fully present the soldiers case in the presence, except in rare circumstances, of the imposing commander
Call witnesses
Present evidence
Request that the soldier be accompanied by a spokesperson
Request an open hearing
Examine available evidence

33
Q

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?

A
Right to remain silent
Right to counsel
Right to demand trial
Right to present his case in the presence of the imposing commander 
Call witnesses
Present evidence
Request that he be accompanied by a spokesperson
Request an open hearing
Examine available evidence
34
Q

What publication covers nonjudicial punishment?

A

AR 27-10 ch. 3