Study your flashcards anywhere!

Download the official Cram app for free >

  • Shuffle
    Toggle On
    Toggle Off
  • Alphabetize
    Toggle On
    Toggle Off
  • Front First
    Toggle On
    Toggle Off
  • Both Sides
    Toggle On
    Toggle Off
  • Read
    Toggle On
    Toggle Off
Reading...
Front

How to study your flashcards.

Right/Left arrow keys: Navigate between flashcards.right arrow keyleft arrow key

Up/Down arrow keys: Flip the card between the front and back.down keyup key

H key: Show hint (3rd side).h key

A key: Read text to speech.a key

image

Play button

image

Play button

image

Progress

1/101

Click to flip

101 Cards in this Set

  • Front
  • Back
What AR covers UCMJ?
AR 27-10
What are some other pubs of interest that deal with the military legal system?
FM 27-1 Legal Guide for Comm.
FM 27-10 Legal Guide for Sold
Misc Pub 27-7 MCM
How did the UCMJ come about?
In 1951 Congress enacted the UCMJ which replaced the Articles of War
What does the UCMJ establish?
Declares what conduct is criminal, establishes the courts and sets basic procedures
The UCMJ is compromised of how many punitive articles?
61
In what Army publication will you find the Consitution?
Manual for Courts Martial
Military Justice is administered at what 2 levels?
Nonjudicial-Article 15s
Judicial- Courts Martial
What is the purpose of nonjudicial punishment?
To educate and reform offenders
Who may impose an A15?
Any commanding officer
When might a CO choose to use A15 punishment?
When less stringent methods have failed
What are the 3 classifications of A15s?
Summarized
Company grade
Field grade
What is a field grade A15?
An A15 imposed by an 0-3 or above
Does a SM have to accept an A15?
No, they have the right to demand a trial by courts martial
What are the advantages of disposing of cases by A15s?
No court martial
No federal conviction
preserves offenders record
Can an individual appeal an A15?
Yes.
Does the offender have the right to counsel when offered an A15?
Yes, offender must be informed of rights to see JAG
What is the time frame to appeal an A15?
Normally within 5 days after punishment is imposed
Does an individual have the right to call a witness when under A15 proceedings?
Yes, at any time
What is the purpose of announcing punishments at unit formations or posted on bulletin boards?
To preclude perceptions of unfairness of punishment and as a deterent to other SM
Can an NCO be given extra duty by an A15?
Yes, but only in a supervisory capacity
What six things should be considered when deciding whether or not to announce punishment of soldiers in the rank of SGT and above?
Nature of the offense
Individuals military record
Deterrent effect
impact on unit morale
impact on victim
impact on the leadership effectiveness of the individual concerned
Maximum punishment a company commander may impose?
14 days extra duty/restriction
7 days custody (E-3 below)
7 days pay
1 grade reduction
oral or written letter of reprimand
What is the max number of days extra duty that may be given by a field grade commander?
45 days
What is the statute of limitations for punishment by A15?
>2 years from imposition
Who may be placed in correctional custody?
PFC and below
Who may be reduced for misconduct under A15?
PV2-SSG
How many grades can a soldier be reduced for inefficiency/misconduct?
one for each, respectively
What form is designed for the purpose of notifying a soldier of A15 proceedings?
DA form 2627
What form is used to record A15 proceedings?
DA form 2627-1
What is the dispostion of the DA form 2627-1?
Maintained locally in nonjudicial punishment files, they will be destroyed at the end of 2 years or when soldier transfers from unit
What article is designed to protect the rights of the soldier?
Article 31
What does Article 31 specify?
Noone may question a soldier suspected of commiting a crime until SM understands the Charges, his right to remain silent, and right to counsel
What right does a SM have in addition to article 31?
Right to: remain silent/ have counsel present/ due process/ search and seizure/ protection against double jeopardy/ sentence reveiw/ speedy trial/ call favourable witnesses/ trial by courts martial
What are articles 77-134 of the UCMJ known as?
Punitive articles
When should punitive articles be explained to service members?
Upon entry to active service, after completion of 6 months active duty, upon reenlistment
What is the purpose of Article 32 investigation?
To investigate and determine the validity of charges
What are the 3 types of Court martial?
Summary
General
Special
If a SM has a court martial conviction does his record follow him after he leaves the service?
Yes, forever
Can a court martial be appealed?
Yes
Can you refuse a court martial?
Summary Yes
Special/General Nada
How many members on a court martial boards?
Summary-1
Special-3
General-5
Who may be tried by court martial?
Anyone who is subject to UCMJ, except officers, warants, cadets and midshipmen
A summary court may confine you to how many days at hard labor?
1-30 days if E-4 or below
What is the max punishment imposed by a special courts martial?
Confinement for 6 months
Forfeiture of 2/3 pay per month for 6 months
Reduction to lowest enlisted grade
What is the max sentence you can be judged by a general court martial?
DEATH
What is the major difference betwixt a General and Special court martial?
General has a military judge who may impose the death penalty
Is a military judge considered part of the court?
What does a military judge do?
No, insure the accused rights are protected, and insure correct legal procedure is followed, impose death penalty
May an enlisted member serve on a court martial?
Yes, when the accused is from a different unit and junior in grade and the accused requests enlisted members servce on board
In a special or general CM does the accused have the right to be represented by a civilian counsel?
Yes at our expense
Who is the president of the CM? Who is the law officer on a special CM?
Senior officer present, the president
Who must reveiw the case in a summary or special CM before sentence is finalized?
Staff JAG
What are the 5 types of discharges?
honorable/ general/ other that honorable/ bad conduct/ dishonorable
What is the purpose of a flagging action?
To suspend all favourable action on an individual while SM is under investigation
When may a CO initiate flagging action on a member of his/her command?
When it appears action may be initiated which could result in CM, or disciplinary action
Can the 1SG give you company punishment?
No, but he can recommend it
Which amendment protects SM from unreasonable search and seizures?
the 4th amendment
What amendment provides that no person shall be compelled to bear witness against himself?
the 5th amendment, fif, 1,2,3,4,fiiif,
The right to a speedy trial is guaranteed by what amendment?
6th amendment and Article 10 of UCMJ
Under UCMJ, a SM must not be questioned until SM has been informed of right to counsel. This is pursuant to what Supreme Court Case?
Miranda vs Arizona
In the Army who may issue search authorization and when?
A commanding officer, military judge, military magistrate when probable cause exists.
If enlisted members serve on a court, what percentage can be enlisted?
1/3rd
What does MCM stand for and what does it do?
Manual for Courts Martial
Explains what conduct is a violation of UCMJ, sets rules of evidence, list max punishment for each offense
What is the role of the Staff Judge Advocate?
SJA insures that criminal justice in the command is administered fairly
In what areas can the SJA or JAG assist service members?
Court Martials, tax returns,personal propery damage while on duty, wills, powers of attorney, explanation of legal rights
Administrative discharges are different from court martial discharges, how are they classified?
Involuntary, voluntary
In conducting an investigation, what 3 questions must be answered?
Was on offense committed?
Was the SM involved in the offense?
What is the character and military record of the suspected SM?
A major or higher can impose what punishment with an A15?
1/2 months forfeiture of pay for 2 months, 45 days restriction, 45 days extra duty
If an A15 is appealed, what actions may the appealing authority take?
Suspend, vacate, mitigate, remit, or set aside punishment
Can a soldier be placed on diminished rations?
Yes, PFC or below
Can a punishment be administered under the provision of A15 if the service member refuses to sign the DA form 2627?
Yes, after being afforded a reasonable opportunity in which to make a decision
What steps are involved in the imposition of nonjudicial punishment?
Inquiry/Notification and explanation of rights/ decision period/ hearing/ appeal/ recording and filing of DA form 2627/2627-1
When nonjudicial punishment is imposed on an NCO, what are the 3 types of punishment it may not include?
Correctional Custody
diminished rations
Extra duty not customarily performed by an NCO
Where can a CO or NCO find a guide for conducting the proceedings of a formal or summarized A15?
Appendix B of AR 27-10
What are the punitive measures?
Denial of Pass privileges/counseling/admin reduction in grade/reprimand/extra training/bar to reenlist/MOS reclass/ admin reduction/ revocation of security clearence
What are the 3 primary objectives of punishment, punitive or nonpunitive?
protect society against repetition of offense/reform the offender/deter others
What is the highest court in the Army?
the court of appeals for the armed forces
upon whom may nonjudicial punishment be imposed?
any member of that CO's unit who has committed a minor offense that does not demand a trial by court martial
What Article authorizes CO to delegate their authority to NCO's to order enlisted personnel into arrest or confinement?
Article 9
What article of the UCMJ gives NCOs the authority to apprehend?
Article 7
What article on the UCMJ protects SM from former jeopardy?
Article 44
What article of the UCMJ prohibits punishment of a soldier under trial?
Article 13
What article of the UCMJ protects soldiers from cruel and unusual punishment?
Article 55
What article of the UCMJ covers investigations and dispostions of charges?
Article 32
What article of the UCMJ sets forth a soldiers specific counsel rights?
Article 27
What article of the UCMJ prohibits compulsory self-incrimination?
Article 31
What article of the UCMJ covers commanding Officers Nonjudicial punishment?
Article 15
What article of the UCMJ gives soldiers guidance if they have been wronged by a CO?
Article 138
What article of the UCMJ covers AWOL?
Article 86
What article of the UCMJ covers disrespect or insubordinate conduct toward a superior officer? To warrants and NCOs?
Article 89/91
What article of the UCMJ covers assault or willful disobeyance of a superior Commissioned Officer?
Article 90
What article of the UCMJ covers failure to obey an order or regulation from a warrant or NCO?
Article 92
What article of the UCMJ covers the improper use of the countersign?
Article 101
What article of the UCMJ covers the sale, loss, damage, destruction, or wrongful disposition of military property?
Article 108
What article of the UCMJ covers drunken or reckless driving?
Article 111
What articles of the UCMJ covers being intoxicated while on duty? use of controlled substances?
Article 112, 112a
What article of the UCMJ covers fighting? malignering?
Article 114, 115\
What article of the UCMJ covers provoking speech and or gestures?
Articel 117
What article of the UCMJ writing bad checks?
Article 123a
What article of the UCMJ covers conduct unbecoming an officer and a gentleman?
Article 133
What is the general article of the UCMJ?
Article 134
What is the Lautenberg amendment?
makes it a felony offense for those convicted of misdemeanor crimes of domestic violence to ship, transport, possess, or receive firearms or ammo.