(L) Military Justice & Discipline

Question 1

What is the “privilege to command”?

Answer 1

the office and special assignment of members of the military holding grade who are eligible to exercise command

Question 2

What are the two elements of command?

Answer 2

Authority and Responsibility

Question 3

What command characteristics are a commander responsible for?

Answer 3

Establishing the leadership climate
Developing discipline and unit cohesion
Professional development of the unit

Question 4

Define military discipline

Answer 4

self-discipline, respect for properly constituted authority, and the embracing of the professional Army ethic

Question 5

Define obedience to orders

Answer 5

strict obedience and prompt execution of legal orders from lawful seniors

Question 6

Define military courtesy

Answer 6

Courtesy rendered among members of the Armed Forces vital to the maintenance of military discipline

Question 7

What are prohibited soldier-soldier relationships?

Answer 7

Any relationship that compromises, or appears to compromise, the integrity of supervisory authority or the chain of command.

Question 8

Why are certain soldier-soldier relationships prohibited?

Answer 8

• Causes actual or perceived partiality or unfairness.
• Involves, or appears to involve, the improper use of rank or position for personal gain.
• Creates an actual or clearly predictable adverse impact on discipline, authority, morale, or ability of the command to accomplish its mission.

Question 9

What are some examples of prohibited soldier-soldier relationships?

Answer 9

Financial/Business
Romantic
Shared living accommodations
Gambling
Trainee/Soldier
Recruit/Recruiter

Question 10

Authority to Command is defines by what regulation?

Answer 10

AR 600-20

Question 11

What is non-judicial punishment?

Answer 11

punishment is imposed to correct misconduct in violation of the UCMJ

Question 12

How is non-punitive punishment different from non-judicial punishment?

Answer 12

Non-punitive measures deal with misconduct that is not in violation of UCMJ

Question 13

Who may impose non-judicial punishment?

Answer 13

The commander (commissioned or warrant)

Question 14

Who may receive non-punitive punishment?

Answer 14

Any personnel under a commander’s command

Question 15

When should proper military courtesy be rendered.

Answer 15

At all times

Question 16

Who is responsible for the proper conduct of soldiers?

Answer 16

The commander

Question 17

What are the rules for soldiers of different rank/grade being married?

Answer 17

If relationship existed prior to change in status, you must terminate relationship or be married within one year of the change of status (promotion or start of OCS/WOCS)

Question 18

What is the purpose of non-judicial punishment?

Answer 18

Correct, educate, and reform offenders who the imposing commander determines cannot benefit from less stringent (non-punitive) measures

Question 19

How is authority to enforce non-judicial punishment delegated?

Answer 19

In writing, by memo.

Question 20

What are the procedures for an article 15?

Answer 20

Preliminary inquiry
Summarized proceedings
Formal proceedings

Question 21

The preliminary inquiry of article 15 proceedings must prove…

Answer 21

An offense was committed
The offense is punishable under UCMJ
The character or the soldier

Question 22

What is the maximum punishment imposable by a company grade article 15.

Answer 22

Extra duty for 14 days
Restriction for 14 days
Oral reprimand

Question 23

What rights does an accused soldier have?

Answer 23

Right to appeal
Right to confront witnesses
Right to JAG representation
Right to demand trial by courts-martial

Question 24

When should a commander begin summarized article 15 proceedings?

Answer 24

After a preliminary inquiry into an alleged offense

Question 25

A soldier may appeal an article 15 decision within what time frame?

Answer 25

5 days

Question 26

Who acts on an appeal of an article 15?

Answer 26

The next higher command

Question 27

What amendment covers search and seizure?

Answer 27

Fourth Amendment

Question 28

Who can authorize a search or apprehension (warrant)?

Answer 28

Commander

Military Judge/Magistrate

Question 29

Who has the authority to authorize a search of a place?

Answer 29

The commander of a building/post, or higher commands. Usually ends with the garrison commander.

Question 30

Search & seizure may be conducted if…

Answer 30

• You have probable cause (that is neutral)
• You have consent (voluntary and freely given)
• You have a warrant
• You have exigent circumstances

Question 31

How is discipline enforced within a unit?

Answer 31

Withholding privileges
Admonition/Reprimands (oral/writing)
Counseling
Corrective training