Admin and Justice

Question 1

***Identify conditions that call for apprehension of a suspect.

Answer 1

offense triable by court-martial upon probable cause to apprehend. Probable cause exists when there are reasonable grounds to believe that an offense has been or is being committed.

Question 2

*****Rights under Article 31

Answer 2

to remain silent
Article 31 rights advisements are required when a person subject to the UCMJ interrogates, questions, or takes a statement from another person that is subject to the UCMJ, and that person is suspected of an offense and the information sought regards the suspected offense

Question 3

**How are (NJP) proceedings are conducted

Answer 3

Be present at the NJP
• Be informed of their Article 31 rights and to be silent in regards to any questions that
might tend to be incriminatory
• Be informed of the information/evidence to be used
• Be accompanied by a spokesperson
• To examine documents or physical objects that may be used as evidence
• To present evidence in extenuation and mitigation
• To have witnesses present
• To have the proceedings public

Question 4

***Types of NJP punishments and their limitations.

Answer 4

Admonition and reprimand. is considered to be punitive.
Restriction. Restriction is the least severe form of deprivation of liberty. .
Correctional custody. .
Extra duties. include fatigue duties.
Reduction in grade. severe forms
Forfeiture of pay.

Question 5

**NJP appeals process

Answer 5

to higher authority and within 5 days in writting

Question 6

**5 limitations

Answer 6

Double punishment prohibited.
Increase in punishment prohibited.
Multiple punishments prohibited.
Statute of limitations. more than two years
Relationship of nonjudicial punishment to administrative corrective measures.

Question 7

Limitations to OIC NJP

Answer 7

only to enlisted personnel

Question 8

who cannot refuse NJP

Answer 8

Marine ebarked on a vessel

Question 9

UCMJ Punitive Articles

Answer 9

UCMJ Punitive Articles 77-134

Question 10

can njp authority be delegated

Answer 10

no

Question 11

can you arrest in quarters and do restriction at same time

Answer 11

no

Question 12

who cannot refuse NJP

Answer 12

Marine embarked on a vessel

Question 13

bread and water limitation

Answer 13

E3 and below no more than 3 days

Question 14

***(OIC) and O3/Captain NJP authority limitations

Answer 14

7 days of correctional custody, 
7 days of forfeitures, 
reduction in grade by one rank, 
14 days of extra duties, 
14 days of restriction.

Question 15

extra duty limitation

Answer 15

2 hours

Question 16

****Commanders options after decision

Answer 16

Remission, cancel any part of punishment
Suspension, - suepend, after 6 moths goes away
Setting Aside - if injustice commited, restores rights
-
Mitigation, bring down punishment

Question 17

appeal has to be within

Answer 17

5 days

Question 18

All commissioned, warrant, petty, and noncommissioned officers may also apprehend persons subject to the code who take part …….

Answer 18

in quarrels, frays, or disorders, wherever they occur.

Question 19

do you have a right to counsel

Answer 19

jagman not required

marine corps …you better make attenpt otherwise njp cannot be used for court martial

Question 20

If the service member does not demand trial by court-martial within a reasonable time after notice….

Answer 20

nonjudicial punishment authority may proceed.

Question 21

Field grade officers i

Answer 21

30 days of correctional custody, 
2 months forfeiture a half a month’s pay, 
reduction in rank by one grade, 
45 days of extra duties, and 
60 days of restriction.