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24 Cards in this Set
- Front
- Back
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What Article is a violation said to be unbecoming of an Officer?
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Article 133
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what is Article 134
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known as the general article, covers all disorders and neglects to the prejudice of good order and discipline in the armed forces and all conduct of a nature to bring discredit upon the armed forces
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What is Article 78-132
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referred to as the Enumerated Offenses. Congress told the military they are criminal and the government must prove beyond the shadow of a doubt to obtain conviction
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What are the Three types of Court Martial's
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Summary, Special, and General
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Describe the Summary Court martial
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Convened by a battalion commander
Provides disposition of minor offenses under simplified procedures |
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What is the maximum punishment for a Summary Court Martial?
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Confinement for 1 month
Hard labor for 45 days Restriction for 2 months 2/3rd of 1 month pay E4 and below, reduction to E1 E5-9 reduction one rank, not confined or placed on hard labor |
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Describe the Special Court Martial
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Convened by a brigade commander
Can try enlisted, warrant officers, and commissioned officers Can consist of military judge and not less than 3 members or military judge sitting alone |
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What is the maximum punishment for a Special Court Martial?
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•2/3rd base pay each month for a year
•Confinement for 1 year •Reduction to E1 •Can impose a fine in lieu of forfeiture •Officers may not be dismissed or confined |
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Describe the General Court Martial.
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Highest military trial court
Convened by a general officer at division or military installation |
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What is the maximum punishment for a General Court Martial?
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•Any sentence authorized by President
•Dishonorable discharge •Dismissal •Confinement for life •Forfeiture of all pay and allowances •Death in some cases |
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What is the Leaders Role
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to dispose of an instance of misconduct or make recommendation to superior officer
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What are Factors to consider?
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Character and military service of accused
Nature of circumstances Appropriateness of the authorized punishment Improper motives of the accuser Reluctance of victim or others to testify Availability of evidence Jurisdiction over accused |
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Preliminary Inquiry Process begins when member command is accused or suspected of a crime
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May be conducted by commander or designee
May be conducted by law enforcement Follows rules involving rights against self-incrimination and searches |
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Describe AR 15-6 process (non-criminal investigations)
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Investigator must be commissioned or warrant officer, or DA civilian GS-13 or above
Proceedings are not open Must consult with the SJA |
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Describe Article 32 process
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Investigator must be commissioned or warrant officer
Rights of the accused Right to attend hearing Present evidence Cross examine witnesses Can provide own lawyer or receive free military defense counsel Rules of evidence do not apply except rules dealing with privileges and sexual history |
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Describe Search
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authorized by Commander and (acting commander), Military Judge or Military Magistrate (Judge Advocate)
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What is Probable Cause?
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For Apprehension - a reasonable belief the person is or has committed a crime
For Search – reasonable belief items connected to crime are in the place or on person to be searched Consent – asking persons permission to search Incident to apprehension – apprehended person is searched Exigent circumstances – where delay by obtaining authorization would allow for removal or destruction of evidence |
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What is Chain of Custody?
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lists items seized and who is in control of them prior to trial
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What are Administrative Inspections
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for security, fitness and good order are authorized by commanders without probable cause
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Can be deemed unlawful if
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•Following a reported offense
•Certain individuals are targeted •Soldiers are subjected to different intrusions |
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What is Article 31b?
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Read from DA Form 3881 Rights Warning Procedure/Waiver Certificate
Required when conducting official questioning of a suspect or accused Right to be informed Right to remain silent What is said can be used against them in a trail by court martial |
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What are Restriction Types?
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Arrest
Conditions on Liberty Confinement Restriction |
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Define Extremist Organization
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membership or participation in can result in any of the following:
Education on EO policy Shown on performance evaluations Removal of security clearance Reclassification or bar to re-enlistment |
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What is Hazing?
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Any conduct by a service member that is cruel, abusive, humiliating, oppressive, demeaning or harmful to another service member
Can be verbal or psychological Jokes Branding Tattooing Shaving Body painting Blood wing ceremonies Forced consumption |
