Military Law

Question 1

Describe Article 15, Non-Judicial Punishment (NJP)

Answer 1

See Article 15, UCMJ; QUICKMAN, Page 40; JAGMAN 0106-0108
* Only a CO or OIC over the accused has the authority to award nonjudicial punishment.

Question 2

Describe the types of separations

Question 3

Describe the forms of punishment for violations of the UCMJ

Question 4

What are the punitive articles of the UCMJ?

Question 5

What are the different types of courts-martial?

Question 6

Describe the military justice system

Question 7

What is the purpose of Non-Judicial Punishment?

Question 8

What are the punishments available for the appropriate level NJP?

Answer 8

Question 9

How do you to advise a suspect of Article 31 Rights?

Answer 9

See Quickman: Page 16
* No person (government agent) may compel any person to incriminate themselves
* Required when you suspect a servicemember of committing an offense punishable under the UCMJ and you are going to ask them questions about it
* If the servicemember remains silent or asks for a lawyer, the command must not ask any questions
If the servicemember later changes their mind, the command must do a cleansing warning.

Question 10

What are the differences between Page 11 and “6105” entries?

Question 11

What personnel are subject to the UCMJ?

Question 12

What personnel are responsible for enforcing the UCMJ?

Question 13

What are the different types of discharges?

Question 14

What does the term punitive article mean?

Question 15

What is the reference to determine the type of offenses?

Question 16

What are the different punishments awarded at non-judicial proceedings?

Question 17

What are the different punishments awarded at judicial proceedings?

Question 18

What are the different courts-martial convening authorities?

Question 19

Define probable cause

Answer 19

Probable cause is a reasonable belief a crime has been committed and that evidence of the crime will be located at the place to be searched or in the documents requested via investigative subpoena. The reasonable belief must be supported by facts and information must be reliable and credible.

NOTE: You want to better understand time, space, legitimacy of allegations

Question 20

Describe Article 31, Rights of the Accused

Answer 20

See §831 Art. 31. Compulsory self-incrimination prohibited
1. You are suspected of an offense
2. You do not have to make any statement
3. If you make a statement it can be used against you

Question 21

What is the right to refuse NJP?

Answer 21

• Servicemembers may refuse NJP, except those servicemembers embarked on a vessel
• A servicemember has the right to refuse NJP at any time prior to the punishment being announced—even during the proceeding, as long as it’s prior to the announcement

Question 22

Who can authorize a search?

Answer 22

Only a CO or OIC can issue a search authorization and it must be based on the probable cause determination. No one else in the chain of command can act for the CO or OIC unless they are officially “acting” as the CO or OIC

Question 23

Who can conduct a search?

Answer 23

Any commissioned officer, warrant officer, petty officer, noncommissioned officer, and when in execution of guard or police duties, any criminal investigator, member of the Air Force security forces, military police, or shore patrol, or individual designated by proper authority to perform guard or police duties, or any agent of such person, may seize property pursuant to this rule.

NOTE: Probably to become a witness against a Marine directly under your charge

Question 24

Can you authorize the search of an off-base house?

Answer 24

CO or OIC may not authorize a search of an off-base property in the United States. CO or OIC must work with NCIS to obtain civilian authority to conduct an off-base search (NOTE: CO or OIC may have jurisdiction to authorize a search in Public/Private Venture Housing)

Question 25

Where can you conduct a serach on base?

Answer 25

Yes, but the search must be based on probable cause. "will be located at the place to be searched or in the documents requested via investigative subpoena"

Question 26

Can/should you order a health and comfort inspection?

Answer 26

No. If you're searching for evidence, DO NOT order or conduct inspection in an area where evidence may be located. * Primary purpose of health and comfort inspection (1) security, (2) military fitness, (3) good order and discipline, or (4) readiness * Factors. Was it previously scheduled? What it targeted at specific individuals?

Question 27

Where can you find non-punitive measures?

Answer 27

Non-Punitive Measures (QUICKMAN Page 37) (JAGMAN 0102-0105)

Question 28

What EMI can you reccomend?

Answer 28

* Needs to be logically related to the issue or offense and assigned no longer than necessary. Can't have the Marine fill sandbags for throwing trash outside of their window. * EMI should not be assigned on a service member's religious day of observance * While EMI during normal working hours can be issued by any superior authority, EMI outside working hours may only be authorized by commanders or officers in charge * Delegation of authority to issue EMI after working hours must be in writing * Ensure there is a mechanism in place for commanders to know which service members are receiving EMI, and for how long EMI has been assigned