(L) Military Justice & Discipline Flashcards
What is the “privilege to command”?
the office and special assignment of members of the military holding grade who are eligible to exercise command
What are the two elements of command?
Authority and Responsibility
What command characteristics are a commander responsible for?
Establishing the leadership climate
Developing discipline and unit cohesion
Professional development of the unit
Define military discipline
self-discipline, respect for properly constituted authority, and the embracing of the professional Army ethic
Define obedience to orders
strict obedience and prompt execution of legal orders from lawful seniors
Define military courtesy
Courtesy rendered among members of the Armed Forces vital to the maintenance of military discipline
What are prohibited soldier-soldier relationships?
Any relationship that compromises, or appears to compromise, the integrity of supervisory authority or the chain of command.
Why are certain soldier-soldier relationships prohibited?
- 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.
What are some examples of prohibited soldier-soldier relationships?
Financial/Business Romantic Shared living accommodations Gambling Trainee/Soldier Recruit/Recruiter
Authority to Command is defines by what regulation?
AR 600-20
What is non-judicial punishment?
punishment is imposed to correct misconduct in violation of the UCMJ
How is non-punitive punishment different from non-judicial punishment?
Non-punitive measures deal with misconduct that is not in violation of UCMJ
Who may impose non-judicial punishment?
The commander (commissioned or warrant)
Who may receive non-punitive punishment?
Any personnel under a commander’s command
When should proper military courtesy be rendered.
At all times
Who is responsible for the proper conduct of soldiers?
The commander
What are the rules for soldiers of different rank/grade being married?
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)
What is the purpose of non-judicial punishment?
Correct, educate, and reform offenders who the imposing commander determines cannot benefit from less stringent (non-punitive) measures
How is authority to enforce non-judicial punishment delegated?
In writing, by memo.
What are the procedures for an article 15?
Preliminary inquiry
Summarized proceedings
Formal proceedings
The preliminary inquiry of article 15 proceedings must prove…
An offense was committed
The offense is punishable under UCMJ
The character or the soldier
What is the maximum punishment imposable by a company grade article 15.
Extra duty for 14 days
Restriction for 14 days
Oral reprimand
What rights does an accused soldier have?
Right to appeal
Right to confront witnesses
Right to JAG representation
Right to demand trial by courts-martial
When should a commander begin summarized article 15 proceedings?
After a preliminary inquiry into an alleged offense
A soldier may appeal an article 15 decision within what time frame?
5 days
Who acts on an appeal of an article 15?
The next higher command
What amendment covers search and seizure?
Fourth Amendment
Who can authorize a search or apprehension (warrant)?
Commander
Military Judge/Magistrate
Who has the authority to authorize a search of a place?
The commander of a building/post, or higher commands. Usually ends with the garrison commander.
Search & seizure may be conducted if…
- You have probable cause (that is neutral)
- You have consent (voluntary and freely given)
- You have a warrant
- You have exigent circumstances
How is discipline enforced within a unit?
Withholding privileges
Admonition/Reprimands (oral/writing)
Counseling
Corrective training
