AA2 Flashcards
UCMJ
1950
Governs the armed forces under articles of the Constitution
A primary function of it was to modify/consolidate and the Army Articles of War, Articles for the Government of the Navy, and Disciplinary Laws of the Coast Guard.
Manual for Courts Martial (MCM)
As an order of the President, it had the full force and effect of law, and was binding on all people subject to the UCMJ.
primary function is to address the field of military justice as thoroughly as possible under the restrictions of a working manual
In 1951
REASONS FOR A SEPARATE JUSTICE SYSTEM
Why is this system separate
Discipline
Crimes unique to military
Worldwide justice
Directive Counseling
Counseling style for quick, on the spot corrections
If time is limited or counselee is immature or lacks problem solving skills
Counselors leads
Article 31 UCMJ
This article advises service members of their right against self-incrimination but does not provide any right to counsel for requests of voice or handwriting samples and requests for bodily fluids
Fifth Amendment (also known as Miranda
The Constitution and the UCMJ guarantee and protect your legal rights. The most important of these rights are the rights to remain silent and consult with a lawyer.
Administrative Action Objectives (Discipline)
emphasizes an educational/corrective way of dealing with problems
Objectives
To reform the offender
To deter others from similar actions
To maintain consistent, effective group standard
Article 92
If you are not a suspect, you can be ordered to make a statement.
Failure to give a statement in such a case violates this article of the UCMJ
Article 134
If a member gives a false sworn statement this article has been violated.
Legal Right #2 :Counsel
A right of all accused of a crime.
Provided free of charge by Area Defense Counsel(ADC) to all accused before summary, special, and general courts-martial, or facing punishment under Article 15
Search
an examination of a person, property, or premises to uncover evidence of a crime or criminal intent, such as stolen goods, burglary tools, weapons, or other evidence.
MUST be authorized by the express permission, written or oral, issued by a commander, military judge, or magistrate,
Seizure
taking of such items by authorities for evidence at a court-martial.
Inspection
examination of the whole or part of a unit, organization, installation, aircraft, or vehicle to determine and to ensure the security, military fitness, or good order and discipline of the unit, organization, or installation
Health and Welfare Inspections and Inventories.
Commanders, first sergeants, or designated representatives are authorized to conduct
lawful events without probable cause; cannot be used in trial/ article if not at random
authorized so long as the primary purpose is to determine/ensure the security, military fitness, or good order and discipline of the unit, organization, installation, vessel, aircraft or vehicle. ie; security gate,ua,dorm
Contraband
defined as material that the possession of is, by its very nature, unlawful.
Seized onsite; ie alcohol in dorms
If in plain sight, subject to Article 15
Legal Rights 3: Search and Seizure, Inspection
Leadership should Consult SJA prior to auth
Member Can refuse if it’s a consent search
Cannot refuse health and wellness, probable causes
Consent Search
search of a person/property conducted with permission of the person or occupant of the place.
Can refuse, limit the scope, or withdraw it at any time.
*illegal to coerce, threaten, acquiesce
With two occupants, one can permit search of their part of the room and the common areas of the room.
Idealized Influence (II)
This influence is measured on 2 components: behaviors & attributes.
- All Core Values
Probable Cause Search
search performed when there is a reasonable belief that the person, property, or evidence sought is located in the place or on the person to be searched.
authorized by a commander, military judge, or magistrate.
Discipline
does not simply imply punishment for wrongdoing.
It’s a broad concept that implies a state of mind, or an attitude that prompts people to work eagerly and voluntarily to accomplish organizational goals
management action to encourage compliance with organizational standards
Maintains Discipline
Preventive Discipline
Admin Tools
Nonjudicial punishment
Judicial punishment
Preventative discipline
action taken to encourage members to be self-disciplined & follow standards/regulations to prevent infractions.
preferred way of maintaining discipline
primary emphasis on eliciting the highest performance from each person.
Transformational leaders exemplifying IM trigger inspiration through three main concepts:
three main concepts that trigger this to work
• Motivation – Inspiration provides energy and direction that fuels the action of followers.
• Evocation – inspiration is evoked from within or through significant others (e.g., flight commanders, squadron commanders, directors, etc.) and their environment.
• Transcendence – Inspiration moves followers through an appreciation of beauty and excellence that allows them to rise above ordinary preoccupations or limitations.
Unfavorable Information Files (UIFs)
an official record of unfavorable information concerning conduct/ duty performance
Contents of this file depend on Rank, action taken, & punishment
must give member opp to respond when filed
Mandatory inclusion of Article 15 under the UCMJ, a record of conviction from a court-martial, or a letter of reprimand (LOR)