Flashcards in Military Justice AR 27-10 (Publication Date 3 Oct 2011) Deck (58)
What does AR 27-10 CH 3 cover?
UCMJ Non judicial Punishment (Military Justice)
What Publication Covers Non judicial Punishment?
AR 27-10 Chapter 3
What does the acronym UCMJ stand for?
Uniformed Code of Military Justice
What does the acronym MCM stand for?
Manual for Courts Martial
Paragraph 3-2 Why should Commanders use Non punitive measures to the fullest extent?
to further the efficiency of the command before resorting to Non judicial punishment
Para 3-2 In what cases is the use of Non judicial punishment considered appropriate?
Use of Non judicial punishment is proper in all cases involving minor offenses in which Non punitive measures are considered inadequate or inappropriate
Para 3-2 What should be done if it is clear that Non judicial punishment will not be sufficient?
If Non judicial punishment will not be sufficient to meet the ends of justice, more stringent measures must be taken
Para 3-2 What is essential for Non judicial punishment to have the proper corrective effect?
Para 3-2 What are the three reasons that Nonjudicial Punishment should be imposed?
1. Correct, educate, and reform offenders whom the imposing commander determines cannot benefit from less stringent measures.
2. Preserve a Soldier’s record of service from unnecessary stigma by record of court-martial conviction.
3. Further military efficiency by disposing of minor offenses in a manner requiring less time and personnel than trial
Para 3-3 What is Non judicial punishment used to correct?
to correct misconduct in violation of the UCMJ
Para 3-3 What does misconduct in violation of the UCMJ usually result from?
Such conduct may result from intentional disregard of, or failure to comply with, prescribed standards of military conduct
Para 3-3 What type of conduct does Non punitive measures usually deal with?
it usually deals with misconduct resulting from simple neglect, forgetfulness, laziness, inattention to instructions, sloppy habits, immaturity, difficulty in adjusting to disciplined military life, and similar deficiencies
Para 3-3 What are Non punitive measures?
are primarily tools for teaching proper standards of conduct and performance and do not constitute punishment
Para 3-3 What are some Non punitive measures?
denial of pass or other privileges, counseling, administrative reduction in grade, administrative reprimands and admonitions, extra training, bar to reenlistment, and military occupational specialty (MOS) reclassification
Para 3-3 Who has the Authority to give admonitions or reprimands either as an administrative measure or as Non judicial punishment?
Commanding officers have authority to give admonitions or reprimands
Para 3-3 What is One of the most effective Non punitive measures available to a commander?
Extra training or instruction
Para 3-3 When is Extra training or instruction used?
It is used when a Soldier’s duty performance has been substandard or deficient; for example, a Soldier who fails to maintain proper attire may be required to attend classes on the wearing of the uniform and stand inspection until the deficiency is corrected
Para 3-3 How must the training or instruction be given?
must relate directly to the deficiency observed and must be oriented to correct that particular deficiency
Para 3-3 When can Extra training or instruction be given?
Extra training or instruction may be conducted after duty hours
Para 3-4 Who can direct that a subordinate authority impose punishment under UCMJ, Art. 15?
No superior can direct that a subordinate authority impose punishment under UCMJ, Art. 15
Para 3-4 Can a BDE or BN Commander issue regulations, orders, or so-called “guides” that either directly or indirectly suggest to subordinate commanders impose UCMJ for certain offenses?
Para 3-8 Who can Nonjudicial punishment may be imposed upon?
Military personnel of a commander’s command
Para 3-9 What is considered Minor Offenses?
the term “minor” includes misconduct not involving any greater degree of criminality than is involved in the average offense tried by summary court-martial (SCM).
Para 3-9 What does SCM stand for?
Summary Court Martial
Para 3-9 What does GCM stand for?
General Court Martial
Para 3-9 If a Soldier is given Nonjudicial punishment for what is thought to be a minor offense that was actually Not a Minor Offense can the Soldier still be tried by a court martial?
Yes; (even when thought by the Commander to be minor it is not a bar to subsequent trial by court martial if that offense would normally be tried by court martial
Para 3-9 When Nonjudicial punishment has been imposed for an offense can punishment be imposed again for the same offense under UCMJ, Art. 15?
No; Once Nonjudicial punishment has been imposed, it may not be increased, upon appeal or otherwise.
Para 3-9 Can a Commander issue multiple punishments to a Soldier under UCMJ?
all known offenses determined to be appropriate for disposition by Nonjudicial punishment and ready to be considered at that time, including all offenses arising from a single incident or course of conduct, will ordinarily be considered together and not made the basis for multiple punishments
Para 3-12 How long after an incident can Nonjudicial Punishment be imposed?
Not more than 2 years before the date of imposition