1.21 UCMJ Flashcards
What is NJP?
A leadership tool providing military commanders a prompt and essential means of maintaining good order and discipline.
NJP does not constitute a criminal conviction
Who can impose:
Commander, officer in charge, or principal assistant
NJP Process
Authorized by Article 15
Process:
Investigation
Referral of charges
DRB
XOI
NJP
Investigation
The Convening Authority assigns a Preliminary Inquiry Officer (PIO) or Investigation Officer (IO) to conduct the inquiry.
A PI is a quick and informal investigative tool that can be used to determine initially whether a particular incident is serious enough to warrant some form of JAGMAN investigation.
DRB
Comprised of the Chief’s Mess
Used to find out why the Sailor committed the offense
Can recommend dismissal, EMI, or referral to Captain’s Mast
XOI
XO may screen a case by either holding a formal hearing or reviewing the record and the report chit of the accused.
Can recommend Captain’s Mast or dismiss the case
XOI
XO may screen a case by either holding a formal hearing or reviewing the record and the report chit of the accused.
DIVO, LCPO and LPO are present to talk about the accused
Search and Seizure
A CO (or OIC) can authorize the search or seizure of any property under his/her immediate control, as long as there is probable cause.
Types of Searches:
Probable Cause with Authorization
Probable Cause without Authorization
No Probable Cause with Authorization
3 types of Court-Martial
Summary
Special
General
Summary Court-Martial
Composed of one commissioned officer on active duty
Promptly adjudicate minor offences under a simple disciplinary proceeding
A finding of guilty does not constitute a criminal conviction
Special Court-Martial
Composed of a military judge and four members
May try any person subject to the UCMJ for noncapital offenses and some capital offenses
Can result in:
Bad Conduct Discharge (Enlisted only)
General Court-Martial
Consist of a military judge and eight members
May try any person subject to the UCMJ for any offense
Can result in:
Death
Life imprisonment
Dishonorable discharge (Enlisted)
Dismissal (Officers)