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30 Cards in this Set
- Front
- Back
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What's the UCMJ? |
Federal Manual enacted by Congress. |
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What are the punitive Articles? |
77-134 |
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What are the definition articles? What makes them special? |
77 and 79. They are unchargeable. |
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What personnel are subject to UCMJ? |
Active Retirees Reservists on active orders POWS National Oceanic and Atmospheric Services Public health service employees Prisoners |
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When do we do Non Judicial Punishments? |
Minor offenses Admin proceeding not judicial Preponderance of evidence ( need 50% or more proof vs. Beyond a reasonable doubt. Military rules of evidence do not apply. If attached or embarked on vessel may not need courts-martial. |
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Where and how can Bread and Water be imposed on? |
Medically approved Up to 3 days Cant work or PT No good conduct given |
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What are some other types of punishments for NJP? |
Forfeiture of Pay Reduction in Rate Extra Duty Restriction |
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What is a pre trial prisoner? |
Legally ordered to confinement or accused of UCMJ while awaiting trial. |
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What are the two types of post trial prisoners? |
Adjudged- already court-martialed but not committed. Sentenced- Sentence already approved from court-martial. |
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What is a Transicient Prisoner? |
Confined and held temporarily. |
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What are the reasons for pre trial confinement? |
Offense trial-able by courts-martial was committed. Prisoner will not appear at trial Will engage in serious criminal misconduct Less severe forms will not work. |
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What are the legal proceedings for pre trial confinement? |
Prisoner Notified within 24 hours 48 hours to review and continue confinement 72 hours to send memorandum (states reason for review) 7 days to review pre trial confinement. |
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What is special about Summary Courts Martial? |
Can be refused. |
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List the characteristics for Summary Courts-Martial. |
Tries only Enlisted Personnel E-5 and above Reduction one paygrade 60 days restriction Forfeiture pay 2/3rds pay per month for 1 month E-4 and below Reduction to E-1 Confinement 30 days 2/3rds pay for 1 month |
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List the characteristics of a Special Courts-Martial. |
Tries both Officer and Enlisted 3 members If no judge senior member is president Or judge and no less than 3 members If enlisted 1/3 members are enlisted. Or military judge alone if requested. |
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What's the Max punishment for Special Courts-Martial |
Reduction to E-1 Forfeiture 2/3 pay 6 months Confinement for 12 months Hard labor without confinement 3 months Bad conduct discharge |
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General Courts-Martial (GCM) is composed of what? |
Capital and non capital punishment Military judge and no less than 5 for capital offense. 1/3 enlisted Military judge alone if non capital |
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Punishment of General Courts-Martial? |
Dismissal of offices Dishonorable discharge Bad conduct discharge Confinement hard labor 6 months to life Reduction to E-1 Death |
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What do the Appellate courts do? |
Establish Court of Criminal Appeals (CCA) composed of military judges. |
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Court of Appeals reviews what? |
Death Sentences |
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Supreme Court reviews what? |
Reviews cases when judge advocate general forwards them. |
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When can a civilian not with UCMJ be confined to a brig |
Only with the Secretary of Defense or designee. Civilian authorities will watch them and they cant pt. |
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Where is the prisoner rights found? |
Bill of Rights |
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What's the difference between Vicarious and personal liability? |
Person is charge is liable for actions of his/her command. While the other Is responsibilty for your own actions. |
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What is the First Amendment? |
Freedom of Speech Freedom of Press Freedom of Religion |
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What is the 4th Amendment? |
It's different due to you not needing a search warrant to search them or their property. |
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What is the 5th Amendment? |
Supreme Court Limits prisoners rights to a disciplinary situation. |
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What is the 6th Amendment? |
Right to attorney privileges like confidential communication. |
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8th Amendment? |
Cruel or unusual punishment |
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14th amendment? |
May not be treated differently due to race, religion, nationality, gender, or age. |
