Sectin 7E - Punitive Actions

Question 1

Military law provides commanders with the tools, including ____ and Nonjudicial Punishment (NJP), to deal with criminal conduct.

Answer 1

Court-Martial.

Question 2

One purpose of military law is to promote justice. Name the other three purposes.

Answer 2

To 2) help maintain good order and discipline in the armed forces; 3) promote efficiency and effectiveness in the military establishment; and 4) strengthen national security.

Question 3

Name the four pillars of military law.

Answer 3

The 1) US Constitution; 2) UCMJ; 3) Manual for Courts-Martial (MCM); and 4) precedents.

Question 4

What is the primary source of military law?

Answer 4

The US Constitution.

Question 5

The US Constitution gives distinct powers to Congress and tot he President. This is called ____ of ____.

Answer 5

Separation of power.

Question 6

Congress enacted the UCMJ and PResident Truman signed it into law in what year?

Answer 6

1950. (Effective 31 May 1951.)

Question 7

President Truman created the Manual for Courts-Martial (MCM) in 1951. What does it provide?

Answer 7

1) Standardized forms; 2) rules for evidence, procedure and maximum punishments; and 3) military law guidelines for commanders and judge advocates.

Question 8

How often is the Manual for Courts-Martial (MCM) revised?

Answer 8

Annually.

Question 9

The Manual for Courts-Martial (MCM) contains a wide range of materials. Name several.

Answer 9

The US Constitution, UCMJ (including text and discussion of punitive articles and sample specifications), Rules for Courts-Martial (RCM) and Military Rules of Evidence (MRE).

Question 10

Armed forces members retain virtually all civilian legal rights, including protection agains involuntary self-incrimination and the right to counsel. (T/F)

Answer 10

True.

Question 11

No person shall be compelled in any case to be a witness against himself or herself. This is known as the right against ____.

Answer 11

Self-Incrimination. (Protection under the Fifth Amendment to the US Constitution, and reflected in Article 31, UCMJ; and Military Rules of Evidence (MRE).

Question 12

A self-incrimination statement is considered involuntary if it is obtained in violation of the ____ Amendment to the Constitution, Article 31 of the UCMJ, or through coercion, unlawful influence or unlawful inducement.

Answer 12

Fifth.

Question 13

Article 31, UCMJ requires that persons asked to make a statement first be told what three things?

Answer 13

1) The nature of the accusation; 2) that they don’t have to make a statement; and 3) that any statement may be used as evidence against them in a trial by court-martial. (They are entitled to consult with counsel and to have a counsel present.)

Question 14

After being advised of their rights, can a person freely, knowingly and intelligently waive them and make a statement which can be used as evidence?

Answer 14

Yes.

Question 15

In the Air Force, an attorney is provided free of charge to all who face court-martials regardless of whether the accused can afford to hire an attorney. (T/F)

Answer 15

True.

Question 16

The Air Force provides an attorney to the accused prior to what actions?

Answer 16

Summary, special and general court-martial, Article 32 investigations; and in the Article 15 process.

Question 17

The ____ assists and represents most members accused of a crime.

Answer 17

Area Defense Counsel (ADC). (Undivided loyalty to the client is ensured because the ADC works for a separate chain of command and doesn’t report to anyone at base level.)

Question 18

Can members retain civilian counsel instead of counsel from the Area Defense Counsel (ADC)?

Answer 18

Yes, if it is at no expense to the government. (They may also request an individual military defense counsel for an Article 32 hearing or court-martial.)

Question 19

What is the military equivalent of civilian “arrest”?

Answer 19

Apprehension. (The act of taking a person into custody.)

Question 20

Apprehension requires probable cause. When does probable cause exist?

Answer 20

When there is a reasonable grounds to believe that the individuals has committed, or is committing, and offense.

Question 21

When is a non-law enforcement NCO allowed to apprehend an officer?

Answer 21

1) Under specific orders from a commissioned officer; 2) to prevent disgrace tot he service; or 3) to prevent a serious offense or the escape of someone who committed one.

Question 22

Name four kinds of pretrial restraint (moral or physical).

Answer 22

1) Conditions on liberty; 2) restrictions in lieu of arrest; 3) arrest; and 4) confinement.

Question 23

Which type of pretrial restraint directs a person to do, or refrain from doing, specified acts?

Answer 23

Conditions on liberty. (However, it must not hinder pretrial preparation.)

Question 24

How does restrictions in lieu of arrest differ from arrest?

Answer 24

Restrictions is less severe, usually confines the offender to broader geographic limits and allows the performance of full military duties unless directed otherwise.

Question 25

In the armed forces, is arrest a physical or a moral restraint?

Answer 25

Moral. (It directs a person to remain within specified limits, but doesn't physically restrain them.)

Question 26

Is a person under arrest expected to perform full military duties?

Answer 26

No.

Question 27

____ is a physical restraint, such as imprisonment.

Answer 27

Confinement.

Question 28

When are individuals put in pretrial confinement?.

Answer 28

Only when lesser forms of pretrial restraints are inadequate.

Question 29

Persons in pretrial confinement have a right to what kind of counsel?

Answer 29

Civilian counsel (at their own expense) or military counsel (at the government's expense)..

Question 30

Pretrial restraint may only be ordered under what circumstances?

Answer 30

When there's a reasonable belief that the person committed an offense triable by court-martial and the circumstances require restraint. (Pretrial restraint should not be more rigorous that the circumstances require.)

Question 31

When is a search reasonable?

Answer 31

When the authorization to search is based on probable cause and particularly describes the place to be searched and persons or things to be seized.

Question 32

Define "probable cause" as it relates to a search.

Answer 32

Reasonable belief that who or what is being sought is located in the place or on the person being searched.

Question 33

Define "authorization to search."

Answer 33

Express written or oral permission to search a person or area for specified property, evidence or for a specific person and to seize such property, evidence or person. (The military counterpart to a search warrant.)

Question 34

Who can authorize a search and seizure over anyone subject to military law or anywhere on the installation?

Answer 34

Commanders, military judges, installation commanders and magistrates.

Question 35

Commanders may conduct inspections on their units. Can contraband uncovered during a proper inspection be seized and admissible in court?

Answer 35

Yes.

Question 36

How does an inspection differ from a search?

Answer 36

Inspections are not focused on specific individuals or the collection of evidence.

Question 37

Nonjudicial Punishment (NJP) is authorized under Article ___ of the UCMJ.

Answer 37

Article 15. (It provides commanders a means to maintain good order and discipline without the stigmata of a court-martial conviction.)

Question 38

Any Air Force member may receive Nonjudicial Punishment (NJP) under Article 15 for minor offenses. (T/F)

Answer 38

True.

Question 39

What types of non-punitive disciplinary actions should commanders attempt before resorting to Nonjudicial Punishment (NJP)?

Answer 39

Counseling and administrative reprimands. (However, these are not required.)

Question 40

An Article 15 cannot be imposed upon a member who demands trial by court-martial. (T/F)

Answer 40

True. (A commander should not offer an Article 15 unless he or she is prepared to proceed with court-martial charges.)

Question 41

As it relates to Nonjudicial Punishment (NJP), a(n) ____ offense is typically one where the maximum imposable sentence does not include dishonorable discharge or confinement of more than one year.

Answer 41

Minor. (The commander considers the nature of the offense, the fender's age, grade, duty assignment, record, experience and the maximum sentence imposable for the offense if tried by a general court-martial.)

Question 42

On what basis does the UCMJ set the permissible types and extents of punishments under Article 15?

Answer 42

Limitations are based on the grade of the imposing commander and the offender.

Question 43

Reduction in grade is one type of permissible Nonjudicial Punishment (NJP) on enlisted members. List six others.

Answer 43

1) Additional restrictions; 2) correctional custody; 3) forfeiture of pay; 4) reprimand; 5) restrictions; and 6) extra duties.

Question 44

When are bread and water diminished rations punishment authorized as Nonjudicial Punishment (NJP)?

Answer 44

Never.

Question 45

What is the Article 15 maximum number of days restrictions or extra duties imposed by a lieutenant or captain? By a major or above?

Answer 45

14 days for both. 45 days extra duties, 60 days restriction.

Question 46

When is the Article 15 maximum number of days in correctional custody imposed by a lieutenant or captain? By a major or above?

Answer 46

Seven days. 30 days.

Question 47

How is the Article 15 authority to reduce the grade of SMSgts and CMSgts limited?

Answer 47

They can be reduced one grade only by MAJCOM commanders, commanders of unified or specified commands, or commanders to whom promotion authority for these grades has been delegated.

Question 48

Do lieutenants and captains have Article 15 authority to impose grade reductions on TSgts?

Answer 48

No. (They do have authority to reduce Amn-SSgt by one grade.)

Question 49

Majors and above have Article 15 authority to reduce Amn, A1C and SrA to the rank of ____.

Answer 49

AB.

Question 50

Do majors have Article 15 authority to reduce the grade of MSgts?

Answer 50

No. (They do have authority to reduce Amn-TSgt.)

Question 51

Frocked commanders may exercise only that authority associated with their actual pay grade. (T/F)

Answer 51

True. (No authority is conferred by the frocked grade.)

Question 52

Who advises and helps the commander evaluate facts throughout the Nonjudicial Punishment (NJP) process?

Answer 52

The Staff Judge Advocate (SJA). (The commander makes the final decision.)

Question 53

For Nonjudicial Punishment (NJP), the commander forwards AF Form 3070A/B/C, Record of Nonjudicial Punishment Proceedings, to the member. What does this form state?

Answer 53

The alleged offenses, the member's rights and the maximum punishment allowable.

Question 54

How long does a member have to decide whether to accept Nonjudicial Punishment (NJP)?

Answer 54

Three duty days (72 hours).

Question 55

Accepting Article 15 over court-martial is an admission of guilt. (T/F)

Answer 55

False. (It is a choice of forum. Members may still present a full defense, make statements and have the right to remain silent.)

Question 56

After carefully considering all matters submitted by the member and consulting with the Staff Judge Advocate (SJA), which four decisions can the commander make regarding an Article 15?

Answer 56

1) The member did not commit the offenses and proceedings are terminated; 2) extenuation and mitigation factors make Nonjudicial Punishment (NJP) inappropriate and proceedings are terminated; 3) the member committed one or more of the offenses; or 4) the member committed one or more lesser-included offenses instead.

Question 57

How can offenders appeal a commander's decision to impose Nonjudicial Punishment (NJP)?

Answer 57

Through command channels to the next superior authority. (Members may submit a written appeal within five calendar days.)

Question 58

Commanders have to power to suspend, ____, or mitigate punishment of an Article 15.

Answer 58

Remit.

Question 59

Why are suspended sentences encouraged for first offenders under Article 15?

Answer 59

To provide an observation period and an incentive for good behavior. (All or part of the punishment is postponed for a specific probationary period (no more than six months) and automatically cancelled if the offender continues good behavior.)

Question 60

____ cancels any unexecuted portion of a punishment under Article 15.

Answer 60

Remission.

Question 61

Commanders may reduce either the quantity or quality of an unexecuted portion of an Article 15 punishment through ____.

Answer 61

Mitigation. (For example, a reduction in grade can be mitigated to a forfeiture of pay.)

Question 62

___ cancels the Article 15 punishment when, under all the circumstances of the case, the punishment resulted in a clear injustice.

Answer 62

Set-aside. (any property, privilege or rights affected by the portion of the punishment set aside are also restored.)

Question 63

What are the three types of court-martial?

Answer 63

1) Summary Court-Martial (SCM); 2) Special Court-Martial (SPCM); and 3) General Court-Martial (GCM).

Question 64

A(n) ____ court-martial tries minor offenses; a(n) ____ court-martial tries intermediate offenses.

Answer 64

Summary Court-Martial (SCM). Special Court-Martial (SPCM).

Question 65

How many active-duty commissioned officers preside over a Summary Court-Martial (SCM)?

Answer 65

One. (The SCM officer is appointed instead of a military judge and considers evidence, makes findings and imposes sentencing if guilty.)

Question 66

A person may not be tried by a Summary Court-Martial (SCM) if he or she objects. (T/F)

Answer 66

True. (Only consenting enlisted members may be tried by SCM.)

Question 67

A Special Court-Martial (SPCM) tries noncapital offenses and consists of a military judge and a panel of ____ or more members.

Answer 67

Three. (Enlisted accused can ask that at least 1/3 of the panel be enlisted members. Any accused may ask for trial by military judge alone.)

Question 68

Which four UCMJ authorized punishments are not allowed in a Special Court-Martial (SPCM)?

Answer 68

1) Death; 2) dishonorable discharge; 3) dismissal of an officer; and 4) confinement for more than one year.

Question 69

A ____ court-martial tries the most serious offenses.

Answer 69

General Court-Martial (GCM).

Question 70

TheGeneral Court-Martial (GCM) is composed of a military judge and at least a(n) ____-member panel that may include, when requested, at least one-third enlisted members.

Answer 70

5-member.

Question 71

The accused in a General Court-Martial (GCM) may request trial by military judge alone, except in which cases?

Answer 71

Capital cases (when a sentence of death may be adjudged).

Question 72

How is the maximum punishment under General Court-Martial (GCM) limited?

Answer 72

It is limited only by the maximum allowable punishment under the UCMJ for the offenses and may extend to death.

Question 73

Only enlisted members may be tried under Summary Court-Martial (SCM). Who is triable under Special Court-Martial (SPCM) and General Court-Martial (GCM)?

Answer 73

Any person subject to the UCMJ.

Question 74

Any noncapital offense punishable under the UCMJ is triable by Summary Court-Martial (SCM) and Special Court-Martial (SPCM). (T/F)

Answer 74

True.

Question 75

Who is the convening authority for a General Court-Martial (GCM)?

Answer 75

The President; the SECAF; the commander of an air command, an air force, an air division or a separate wing of the Air Force; or any commander designated by the President or SECAF.

Question 76

Court-martial procedures include what three steps?

Answer 76

The 1) trial; 2) findings and sentence; and 3) post-trial procedures.

Question 77

Who is generally the convening authority for court-martials?

Answer 77

The wing or Numbered Air Force (NAF) commander. (He or she selects the court-martial panel.)

Question 78

What grade must court-martial panel members be?

Answer 78

Senior in grade to the accused. (The also must be the best qualified.)

Question 79

What is the court-martial verdict called?

Answer 79

The findings. (A not-guilty verdict is called an acquittal.)

Question 80

How many members of the court-martial panel must concur for a finding of guilty?

Answer 80

At least 2/3.

Question 81

What court-martial panel vote is required for a death sentence?

Answer 81

A unanimous vote by a panel of 12 members.

Question 82

What court-martial panel vote is required for confinement exceeding 10 years?

Answer 82

3/4 concurrence.

Question 83

Who must review the complete court-martial record before the convening authority acts on the findings and sentence?

Answer 83

The Staff Judge Advocate (SJA).

Question 84

The convening authority must act on every case after a court-martial. (T/F)

Answer 84

True.

Question 85

List several actions the convening authority can take when reviewing court-martial records.

Answer 85

Approve or disapprove any portion of the findings or sentence, mitigate the sentence, suspend a sentence (except a death sentence), order a rehearing, and defer forfeiture of pay and allowances, reduction in grade or a sentence of confinement.

Question 86

Which court-martial sentence cannot be suspended by the convening authority?

Answer 86

A death sentence.

Question 87

List the four levels included in the appeal process of the UCMJ, in ascending order.

Answer 87

1) The judge Advocate General (TJAG); 2) US Air Force Court or Criminal Appeals (AFCCA); 3) US Court of Appeals for the Armed Forces (USCAAF); and 4) US Supreme Court.

Question 88

Who reviews any case that is not automatically reviewed by the US Air Force Court of Criminal Appeals (AFCCA)?

Answer 88

The Judge Advocate General (TJAG).

Question 89

What is the first level of formal appellate review?

Answer 89

The Air Force Court of Criminal Appeals (AFCCA). (It may approve, disapprove or modify the findings and sentence.)

Question 90

Which court-martial findings are reviewed by the US Air Force Court of Criminal Appeals (AFCCA)?

Answer 90

1) Death sentence; 2) dismissal of a commissioned officer; 3) punitive discharge; and 4) confinement of one year or more.

Question 91

Name the highest appellate court in the military justice system.

Answer 91

The US Court of Appeals for the Armed Forces (USCAAF). (It reviews all death penalty cases and cases forwarded by The Judge Advocate General (TJAG).)

Question 92

Is the US Court of Appeals for the Armed Forces (USCAAF) composed of five military or five civilian judges?

Answer 92

Five civilian judges appointed by the president.

Question 93

The accused may petition for the US Court of Appeals for the Armed Forces (USCAAF) review of his or her case. (T/F)

Answer 93

True.

Question 94

Decisions of the ____ may be reviewed by the US Supreme Court.

Answer 94

US Court of Appeals for the Armed Forces (USCAAF).

Question 95

Military justice requires an NCO to be familiar with the UCMJ and correct marginal substandard behavior or duty performance of subordinates, support the commander's application of military justice, report violations and be prepared to investigate incidents. Name three other general responsibilities.

Answer 95

1) Know the rules for apprehending, arresting and confining violators; 2) generally counsel Airmen on their legal rights and refer them to proper legal authorities; and 3) lead and counsel individuals receiving Article 15 punishment.