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Flashcards in Uniform Code of Military Justice Deck (28)
1

WHAT ARE THE THREE TYPES OF COURT MARTIALS?

SUMMARY, SPECIAL, AND GENERAL.

2

WHAT IS THE HIGHEST TYPE OF COURT MARTIAL?

GENERAL COURT MARTIAL

3

WHICH COURT MARTIAL (S) CAN AWARD A DISHONORABLE DISCHARGE?

GENERAL COURT MARTIAL.

4

WHICH COURT MARTIAL (S) CAN AWARD A BAD CONDUCT DISCHARGE?

SPECIAL COURT MARTIAL AND GENERAL COURT MARTIAL.

5

NAME THE TYPES OF DISCHARGES IN ORDER.

1) HONORABLE
2) GENERAL UNDER HONORABLE CONDITIONS
3) GENERAL UNDER OTHER THAN HONORABLE CONDITIONS
4) BAD CONDUCT
5) DISHONORABLE

6

HOW MANY RIGHTS OF THE ACCUSED ARE THERE AND WHAT ARE THEY?

THERE ARE 14 RIGHTS OF THE ACCUSED, THEY ARE:
1) INNOCENT UNTIL PROVEN GUILTY
2) RIGHT TO REMAIN SILENT
3) RIGHT TO BE REPRESENTED BY A LAWYER
4) PROTECTION AGAINST DOUBLE JEOPARDY
5) RIGHT TO CALL WITNESSES
6) RIGHT TO SENTENCE REVIEW
7) RIGHT TO A SPEEDY AND PUBLIC TRIAL
8) RIGHT TO BE INFORMED OF THE CHARGES
9) RIGHT TO AN INTERPRETER
10) PROTECTION AGAINST ILLEGAL SEARCH AND SEIZURE
11) RIGHT TO CHALLENGE MEMBERS ON THE COURT
12) RIGHT TO HAVE ENLISTED REPRESENT
13) RIGHT TO BE TRIED BY A MILITARY JUDGE
14) RIGHT TO TRIAL BY COURT MARTIAL

7

WHEN CAN A SERVICE MEMBER BE REFUSED THE RIGHT TO A TRIAL BY COURT MARTIAL?

WHEN ATTACHED TO OR EMBARKED IN A VESSEL.

8

HOW LONG DOES A PERSON HAVE TO SUBMIT AN APPEAL?

WITHIN A REASONABLE PERIOD OF TIME (15 DAYS MAXIMUM).

9

WHAT IS THE MEANING OF DETENTION OF PAY?

A SET AMOUNT OF MONEY WILL BE WITHHELD FROM A PERSONS PAY FOR A AMOUNT OF TIME AND IF THE PERSON DOES NOT FACE ANY DISCIPLINARY ACTION DURING THAT PERIOD OF TIME THE MONEY WITHHELD WILL BE RETURNED.

10

WHAT DOES THE SUSPENSION OF A SENTENCE MEAN?

THAT PORTION OF THE SENTENCE WILL NOT TAKE EFFECT AT THE TIME SENTENCED, BUT DURING A SET PERIOD OF TIME, IF THE PERSON FACES ADDITIONAL DISCIPLINARY ACTION IT COULD BE VACATED. IF DURING THAT SET PERIOD OF TIME THE PERSON FACED NO ADDITIONAL DISCIPLINARY ACTION, THAT SENTENCE WILL BE AUTOMATICALLY DROPPED. (IF DURING THE PERIOD OF A SUSPENDED SENTENCE THE PERSON SHOULD FACE DISCIPLINARY ACTION, THE PREVIOUS SUSPENDED SENTENCE COULD BE VACATED IN ADDITION TO THE NEW SENTENCE THE PERSON COULD RECEIVE WITHOUT IT BEING "DOUBLE JEOPARDY" DUE TO THE SUSPENDED SENTENCE WAS A SENTENCE FROM A PREVIOUS ACTION).

11

WHAT IS THE MAXIMUM A COMMANDING OFFICER (CAPTAIN AND BELOW) CAN AWARD AT AN NJP?

7 DAYS CORRECTIONAL CUSTODY, 14 DAYS RESTRICTION, 14 DAYS EXTRA DUTY, DETENTION OF 14 DAYS PAY, FORFEITURE OF 7 DAYS PAY, AND REDUCTION OF ONE RANK (PROVIDED HE HAS PROMOTION AUTHORITY OF THAT RANK).

12

WHAT IS THE MAXIMUM A COMMANDING OFFICER (MAJOR AND ABOVE) CAN AWARD AT AN NJP?

30 DAYS CORRECTIONAL CUSTODY, 45 DAYS EXTRA DUTY, 60 DAYS RESTRICTION, DETENTION OF 1/2 OF 1 MONTHS PAY FOR 3 MONTHS, FORFEITURE OF 1/2 OF 1 MONTHS PAY FOR TWO MONTHS AND REDUCTION OF ONE RANK (PROVIDED HE HAS PROMOTION AUTHORITY OF THAT RANK).

13

WHAT IS ARTICLE 1 OF THE UCMJ?

DEFINITIONS

14

WHAT IS ARTICLE 86 OF THE UCMJ?

: ABSENCE WITHOUT LEAVE

15

WHAT IS ARTICLE 89 OF THE UCMJ?

DISRESPECT TOWARD SUPERIOR COMMISSIONED OFFICER.

16

WHAT IS ARTICLE 90 OF THE UCMJ?

ASSAULTING OR WILLFULLY DISOBEYING SUPERIOR COMMISSIONED OFFICERS

17

WHAT IS ARTICLE 91 OF THE UCMJ?

INSUBORDINATE CONDUCT TOWARD WARRANT OFFICER, NONCOMMISSIONED OFFICER OR PETTY OFFICER.

18

WHAT IS ARTICLE 92 OF THE UCMJ?

FAILURE TO OBEY ORDER OR REGULATION.

19

WHAT IS ARTICLE 111 OF THE UCMJ?

DRUNKEN OR RECKLESS DRIVING.

20

WHAT IS ARTICLE 118 OF THE UCMJ?

MURDER.

21

WHAT IS ARTICLE 121 OF THE UCMJ?

LARCENY AND WRONGFUL APPROPRIATION.

22

WHAT IS ARTICLE 128 OF THE UCMJ?

ASSAULT.

23

WHAT IS ARTICLE 134 OF THE UCMJ?

GENERAL ARTICLES.

24

WHAT ARE SOME OF THE ARTICLES OF ARTICLE 134 (GENERAL ARTICLES) OF THE UCMJ?

ABUSING A PUBLIC ANIMAL, ADULTERY, ASSAULT-INDECENT, ASSAULT-WITH INTENT TO COMMIT MURDER, VOLUNTARY MANSLAUGHTER, RAPE, ROBBERY, SODOMY, ARSON BURGLARY,OR HOUSEBREAKING, BIGAMY, BRIBERY AND GRAFT, BURNING WITH INTENT TO DEFRAUD, CHECK, WORTHLESS, MAKING AND UTTERING-BY DISHONORABLYFAILING TO MAINTAIN FUNDS, COHABITATION, WRONGFUL CORRECTIONAL CUSTODY-OFFENSES AGAINST DEBT, DISHONORABLY FAILING TO PAY,DISLOYAL STATEMENTS, DISORDERLY CONDUCT, DRUNKENNESS, DRINKING
LIQUOR WITH PRISONERS, DRUNK PRISONER, DRUNKENNESS-INCAPACITATIONFOR PERFORMANCE OF DUTIES THROUGH PRIOR WRONGFUL OVERINDULGENCE IN INTOXICATING LIQUOR OR DRUGS, FALSE OR UNAUTHORIZED PASS OFFENSES FALSE PRETENSES, OBTAINING SERVICES UNDER FALSE SWEARING, FIREARM DISCHARGING-THROUGH NEGLIGENCE, FIREARM DISCHARGING-WILLFULLY UNDER SUCH CIRCUMSTANCES AS TO ENDANGER HUMAN LIFE, FLEEING SCENE OF ACCIDENT, FRATERNIZATION, GAMBLING WITH SUBORDINATE, HOMICIDE, NEGLIGENT, IMPERSONATING A COMMISSIONED, WARRANT OFFICER NONCOMMISSIONED, OR PETTY OFFICER, AN AGENT OR OFFICIAL INDECENT ACTS OR LIBERTIES WITH AN INDECENT EXPOSURE, INDECENT LANGUAGE, INDECENT ACTS WITH ANOTHER, JUMPING FROM VESSEL INTO THE WATER, KIDNAPPING, TESTIFY: WRONGFUL REFUSAL, THREAT OR HOAX, BOMB THREAT, COMMUNICATING, UNLAWFUL ENTRY, WEAPON: CONCEALED, CARRYING WEARING UNAUTHORIZED INSIGNIA, DECORATION BADGE, RIBBON, DEVICE, OR LAPEL BUTTON

25

ACCORDING TO ARTICLE 137 OF THE UCMJ, WHAT ARTICLES OF THE UCMJ MUST BE EXPLAINED TO EACH ENLISTED MEMBER AT THE TIME OF (OR WITHIN SIX DAYS AFTER):

1) A MEMBER'S INITIAL ENTRANCE ON ACTIVE DUTY?
2) AT THE TIME WHEN THE MEMBER REENLISTS
A: ARTICLES 2, 3, 7-15, 25, 27, 31, 38, 55, 77-134, 137-139 OF THE UCMJ.

26

WHAT ARTICLES OF THE UCMJ ARE KNOWN AS THE PUNITIVE ARTICLES?

ARTICLES 77 TO AND INCLUDE 134.

27

WHICH PUNISHMENTS AWARDED CAN NOT BE SERVED WHILE AWAITING AN APPEAL?

PUNISHMENTS INVOLVING RESTRAINT OR EXTRA DUTY.

28

WHAT IS ARTICLE 137 OF THE UCMJ?

ARTICLES TO BE EXPLAINED.