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Day 2 Part 2 Flashcards

1
Q

What does taking the oath of office as a military officer entail?

A

By raising your right hand and taking the oath, you commit to supporting and defending the Constitution, as well as abiding by the UCMJ, MCM, and all applicable military instructions and directives.

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2
Q

Identify the functions of the Uniform Code of Military Justice (UCMJ) and Manual for Courts-Martial (MCM)

A

A primary function of the UCMJ was to modify and consolidate the Army Articles of War, Articles for the Government of the Navy, and Disciplinary Laws of the Coast Guard

A primary function of the MCM is to address the field of military justice as thoroughly as possible under the restrictions of a working manual

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3
Q

What role does an officer play in the military justice system?

A

Officers are responsible for upholding military standards, preferring charges, investigating offenses, and serving on courts-martial, among other duties related to military justice.

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4
Q

Recognize the need for a military justice system

A

Discipline

Crimes unique to the military

Military Justice Worldwide

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5
Q

How is military justice related to civilian criminal law?

A

Military justice is closely related to civilian criminal law but is based on a separate judicial system that operates under the U.S. Constitution.

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6
Q

What powers does the Constitution grant to the President and Congress in relation to the military?

A

The Constitution designates the President as Commander in Chief of the armed forces and gives Congress the power to raise and support an Army, maintain a Navy, and make rules for governing the military forces.

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7
Q

Sources of Military Law

A

The US Constitution

International Law

UCMJ and MCM

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8
Q

What is International Law

A

Law of War - Customary and Treaty Law

Apply the amount and kind of force necessary for the purpose of war

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9
Q

What is the Geneva Conventions

A

Deals with humanitarian issues

No attacks on civilian populations

Avoidance of disproportionate suffering

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10
Q

List service members’ rights within the military justice system

A

○ Rights Advisement
○ Compulsory Self-Incrimination Prohibited
○ Right to Counsel
○ Search, Seizure, and Inspection

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11
Q

Identify the methods and associated tools available within the UCMJ to maintain discipline

A

○ Preventive Discipline
○ Administrative Tools
■ Unfavorable Information Files (UIFs)
■ Control Roster
■ Counseling, Admonitions, and Reprimands
○ Nonjudicial Punishment
■ Article 15
○ Judicial Punishment
■ Summary Court-Martial: Tries minor offenses
■ Special Court-Martial: Tries offenses to the intermediate
severity
■ General Court-Martial: Tries the most serious offenses

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12
Q

Why was the Uniform Code of Military Justice (UCMJ) created?

A

The UCMJ was created to standardize and consolidate military laws for the Army, Navy, and Coast Guard, addressing issues of inconsistent punishment and inadequate review processes.

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13
Q

When was the UCMJ enacted and what was its purpose?

A

The UCMJ was enacted on 5 May 1950 to consolidate military laws and modify the Army Articles of War, Navy Articles, and Coast Guard disciplinary laws.

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14
Q

What authority did Congress give to the President when enacting the UCMJ?

A

Congress gave the President the authority to issue implementing instructions, which led to the creation of the Manual for Courts-Martial (MCM).

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15
Q

When was the Manual for Courts-Martial (MCM) issued, and by whom?

A

The MCM was issued on 8 February 1951 by President Harry S. Truman as an executive order to implement the UCMJ.

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16
Q

What is the primary function of the Manual for Courts-Martial (MCM)?

A

The MCM addresses military justice in detail, including the Constitution, UCMJ, court-martial procedures, rules of evidence, and guides for writing charges and specifications.

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17
Q

Why doesn’t the MCM require frequent reference to the UCMJ?

A

The MCM is designed to be comprehensive, containing relevant materials such as the full texts of the Constitution, UCMJ, court-martial procedures, and rules of evidence.

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18
Q

What is an example of a crime unique to the military?

A

Absent Without Leave (AWOL) is a uniquely military crime, as it can endanger a unit’s mission and put others at risk, unlike civilians who simply face personal consequences for missing work.

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19
Q

Why are military members better suited to serve on courts-martial?

A

Military members understand military offenses better and are more equipped to consider the impact of offenses, such as dereliction of duty, on mission success and safety.

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20
Q

What role does the mobile nature of the military play in the need for a separate justice system?

A

The military’s global mobility requires a justice system that can be applied worldwide, ensuring discipline and legal oversight in any location, without being restricted by territorial boundaries.

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21
Q

What are two of the most important legal rights for military personnel?

A

The rights to remain silent and consult with a lawyer are guaranteed under the UCMJ and the Constitution.

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22
Q

What is Article 31 of the UCMJ?

A

Article 31 requires that military suspects be advised of their rights against self-incrimination before being interrogated, similar to the Miranda rights in civilian law.

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23
Q

What does the Fifth Amendment protect in relation to military justice?

A

The Fifth Amendment prohibits compulsory self-incrimination, meaning no one can be forced to confess or testify against themselves.

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24
Q

Can evidence obtained without advisement of rights be used in a court-martial?

A

No, if a suspect is not advised of their rights or if coercion is used, any statements made would be inadmissible in court.

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25
What is the difference between a search, seizure, and inspection in military law?
A search examines a person or property for evidence; a seizure takes items as evidence; an inspection ensures security, military fitness, or discipline.
26
What authority is required to conduct a search, seizure, or inspection?
A commander or military judge must authorize searches, seizures, or inspections, typically with the advice of a Staff Judge Advocate (SJA).
27
What is the purpose of a health and welfare inspection?
Health and welfare inspections ensure the security, military fitness, and discipline of the unit or personnel, and can be conducted without probable cause.
28
What is contraband, and how is it handled in inspections?
Contraband is material that is unlawful to possess (e.g., prohibited alcohol in dormitories). It can be confiscated if discovered during a lawful inspection.
29
What makes a search or inspection illegal?
If an inspection is conducted solely to obtain evidence for a trial or targets specific individuals without prior scheduling, it can be deemed illegal.
30
What is required for a consent search?
A consent search can only be conducted if the person or occupant freely and voluntarily agrees to the search. The consent can be withdrawn at any time.
31
What is a probable cause search?
A probable cause search occurs when there is a reasonable belief that evidence of a crime is located in a specific place or on a person. It requires authorization from a commander or military judge.
32
What does "discipline" imply in the military context?
A state of mind or attitude that promotes voluntary effort to accomplish organizational goals—not just punishment.
33
Why is discipline important in the Air Force and Space Force?
It ensures effectiveness and efficiency in achieving mission goals.
34
How is discipline defined in this context?
Management action to encourage compliance with organizational standards.
35
What is the goal of discipline in the workplace?
To mold knowledge, attitudes, and behavior for better cooperation and performance.
36
What is preventive discipline?
Actions taken to encourage adherence to standards and prevent infractions.
37
What is the objective of preventive discipline?
To build self-discipline rather than impose discipline from superiors.
38
How should standards be communicated in preventive discipline?
Positively (e.g., "Safety first!" instead of "Don’t be careless").
39
What are the three options available to maintain discipline when standards aren’t met?
Administrative tools, nonjudicial punishment, and judicial actions.
40
What are administrative tools designed to do?
Educate and correct behavior, not punish.
41
Types of Administrative Tools (Non-Punitive Actions)
Letter of Counseling (LOC) Letter of Admonishment (LOA) Letter of Reprimand (LOR) Unfavorable Information File (UIF) Control Roster Officer Selection Record
42
What is Punitive Action
Nonjudicial Punishment: Article 15
43
Who usually initiates administrative tools?
The Airman or Guardian’s immediate supervisor.
44
What are examples of administrative tools?
UIFs, control rosters, counseling, admonitions, and reprimands.
45
What is a Unfavorable Information File (UIF)?
An official record of unfavorable personal conduct or duty performance.
46
What determines what goes into a UIF?
Rank, type of action taken, and duration of punishment.
47
Give an example of something that must be filed in a UIF.
Article 15 with more than 30 days punishment or officer letter of reprimand (LOR).
48
What must happen when a document is filed into a UIF?
The member must be informed and given a chance to respond.
49
How long can documents remain in a UIF?
6 months to 4 years depending on the document.
50
Who can access UIFs?
Commanders (all personnel) and First Sergeants (enlisted members only).
51
What is a Control Roster?
A list of personnel under observation for substandard performance or conduct.
52
What is the purpose of the Control Roster?
To help commanders manage and rehabilitate personnel who fail to meet standards.
53
What factors should be considered before placing someone on a control roster?
Prior incidents, acts, failures, counseling, and rehabilitative efforts.
54
What regulation provides more information about control rosters?
DAFI 36-2907 Adverse Administrative Actions.
55
What is Administrative Action
Action subsequent to a rule infraction It seeks to discourage further infractions and to ensure further acts comply with standards Three Objectives of Administrative Action: Reform the offender Deter others from similar actions Maintain consistent, effective group standards
56
What is the purpose of counseling, admonitions, and reprimands?
They are corrective tools used by supervisors and commanders to address substandard behavior.
57
What is the usual first step in correcting behavior?
Oral or written counseling.
58
What happens to LOCs, LOAs, or LORs issued to officers (Captains and above)?
Derogatory data may be presented to promotion boards.
59
What is Article 15 of the UCMJ used for?
To impose nonjudicial punishment for minor offenses without court-martial.
60
What kind of offenses are addressed with Article 15?
Offenses more serious than a counseling/reprimand but not serious enough for court-martial.
61
What are some punishments under Article 15?
Reduction in grade (enlisted), forfeiture of pay, restriction to base, extra duty.
62
Does Article 15 punishment create a criminal record?
No, but it remains in permanent military records and may affect future opportunities.
63
What rights does a member have when offered Article 15?
The right to consult Area Defense Counsel (ADC) and the right to demand trial by court-martial.
64
What are the three types of courts-martial?
Summary, Special, and General.
65
What does a Summary Court-Martial handle?
Minor offenses; one officer conducts the trial. For enlisted members only.
66
What does a Special Court-Martial handle?
Intermediate offenses; includes judge, panel, trial & defense counsel.
67
What does a General Court-Martial handle?
The most serious offenses; can impose any punishment, including death.
68
Recall the functions of the Staff Judge Advocate (SJA), Area Defense Counsel (ADV), and the Victims Counsel (VC)
Staff Judge Advocate is the commander’s legal staff who represents the Air Force and Space Force in all legal matters. The SJA on each installation runs the installation legal office Area Defense Counsel represents the AF and SF personnel accused of wrongdoing. Separate chain of command from the SJA The Victims Counsel advises victims of alleged sexual assault and domestic violence on their rights and represents them in certain matters during courts-martial. Separate chain of command from the SJA
69
What legal services does the Civil Law section provide?
Notary service, wills, powers of attorney, and free legal assistance to members and dependents.
70
Describe professional and unprofessional relationships
○ Professional Relationships are ones that reflect the DAF standards of conduct and core values. They enhance morale, unit cohesion, good order and discipline and improve the operational environment. Professional relationships preserve proper respect for authority and focus on the mission ○ Unprofessional Relationships detract from the authority of superiors and result in (or appear to show) favoritism, misuse of office or position, or the abandonment of organizational goals for personal interests
71
Between which individuals can professional relationships (UPRs) occur?
Officers, enlisted members, officer and enlisted members, military and civilian members, and military and contractor personnel.
72
Summarize the policy on professional and unprofessional relationships
The policy on professional relationships is simple: Members of different grades are expected to maintain a professional relationship governed by mutual respect, dignity, and military courtesy
73
Why are relationships between different grades or positions risky?
Grade differences increase the risk or perception of unprofessionalism, even without a command relationship.
74
What kinds of personal relationships are especially risky?
Dating, close friendships, and sexual relationships—especially between superiors and subordinates.
75
Summarize the general and specific prohibitions relating to unprofessional relationships for officers
Officers must not engage in any activity with an enlisted member which reasonably may prejudice good order and discipline, discredit the armed forces or compromise the officer’s standing
76
Are sexual relationships allowed between superiors and subordinates?
No, they are prohibited and raise the perception of favoritism or abuse of power.
77
What activities are officers prohibited from doing with enlisted members?
Gambling Lending/borrowing money Sharing living accommodations Engaging in business or sales Dating or engaging in sexual relations Fraternization
78
What is fraternization?
A type of UPR between an officer and enlisted member that violates acceptable behavior, prejudices good order and discipline, discredits the service, or disgraces the officer.
79
What is the elements of fraternization?
1. The accused was a commissioned or warrant officer. 2. The officer fraternized with enlisted members on terms of military equality. 3. The officer knew the person was an enlisted member. 4. The officer violated service customs against fraternization. 5. The conduct harmed good order and discipline or discredited the armed forces.
80
Summarize the effects of unprofessional relationships on unit cohesion
The underlying standard is Airmen and Guardians are expected to avoid those relationships which negatively affect morale, good order and discipline, respect for authority, and unit cohesion.
81
Who is accountable for the impact of their conduct on the organization? Who shares responsibility for maintaining professional relationships?
All members.
82
Who is primarily responsible for maintaining professionalism in a relationship?
The senior member.
83
What are officers expected to do regarding conduct?
Lead by example and uphold the highest standards of professional conduct.
84
Can commanders and supervisors be held accountable for not addressing issues?
Yes, they may be held accountable for failing to act appropriately.
85
What are commanders and supervisors responsible for at all levels?
Maintaining good order, discipline, and morale.
86
What are some administrative actions that can be taken for UPRs?
Order to cease Counseling Reprimand Removal Demotion Loss of NCO status Negative performance reports Administrative separation
87
What factors are considered when addressing a UPR?
Compromise of chain of command Appearance of partiality Undermining of good order, discipline, authority, or morale
88
What does Article 92 cover?
Failure to obey a lawful order or regulation – applies to enlisted/enlisted or military/civilian UPRs.
89
What does Article 133 cover?
Conduct unbecoming an officer – for officer/officer UPRs.
90
What does Article 134 cover?
Fraternization – for officer/enlisted UPRs.
91
What are the possible maximum punishments for UPR violations under the UCMJ?
Forfeiture of all pay and allowances Dismissal Up to two years confinement

OTS (11 decks)

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