Chapter 21 - Military Justice Flashcards

1
Q

Is authorized under Article 15, Uniform Code of Military Justice (UCMJ)

A

Nonjudicial Punishment

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2
Q

Provides commanders with an essential and prompt means of maintaining good order and discipline and promotes positive behavior changes in service members without the stigma of a court-martial

A

Article 15, nonjudicial punishment

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3
Q

Besides the nature of any offense, the commander should also consider

A

The alleged offender’s age, grade, duty assignments, record, experience, and the maximum sentence imposable for the offense if tried by a general court-martial

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4
Q

Is an offense in which the maximum sentence imposable would not include a dishonorable discharge or confinement for more than one year if tried by a general court-martial

A

Minor Offense

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5
Q

Commanders must confer with the ____________ or a __________, before initiating nonjudicial punishment proceedings and before imposing punishment

A

Staff Judge Advocate, or a designee

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6
Q

Advises and helps the commander evaluate the facts and determine what offense was committed

A

The Staff Judge Advocate

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7
Q

If the commander does determine that nonjudicial punishment is appropriate, the Staff Judge Advocate or military justice section of the base legal office prepares the appropriate documentation

A
  • AF Form 3070A, Record of Nonjudicial Punishment Proceedings (AB thru SSgt)
  • AF Form 3070B, Record of Nonjudicial Punishment Proceedings (TSgt thru CMSgt)
  • AF Form 3070C, Record of Nonjudicial Punishment Proceedings (Officer)
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8
Q

The commander notifies the member that he or she is considering punishment under Article 15 by

A

Signing the appropriate

AF Form 3070 and providing it to the member

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9
Q

This form includes a statement of the alleged offenses, the member’s rights, and the maximum punishment allowable

A

AF Form 3070

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10
Q

After receiving the AF Form 3070, the member has a right to examine all statements and evidence available to the commander, and

A

Is not required to accept or reject nonjudicial punishment sooner than72 hours following notification

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11
Q

A member’s decision to ______________ is not an admission of guilt, but is a choice of forum

A

Accepting an Article 15

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12
Q

Members are entitled to appeal

A

Nonjudicial punishment to the next superior authority in the commander’s chain of command

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13
Q

A commander has the power to suspend, remit, mitigate, or set aside punishment of an

A

Article 15

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14
Q

Is to postpone application of all or part of a specific probationary period with the understanding that the punishment will be automatically remitted (cancelled) at the end of this period if the member does not engage in further misconduct

A

Suspension (meaning in regards to punishment)

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15
Q

Is an action whereby any portion of the unexecuted punishment is cancelled, normally used as a reward for good behavior or when determined the punishment imposed was too severe for the particular offense

A

Remission (meaning in regards to punishment)

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16
Q

Is a reduction in either the quantity or quality of a punishment

A

Mitigation (meaning in regards to punishment)

17
Q

Is an action whereby the punishment, whether executed or unexecuted, is set aside and any property, privilege, or rights affected by the portion of the punishment set aside are restored

A

Set Aside (meaning in regards to punishment)