MILITARY JUSTICE Flashcards
What does AR 27-10 CH 3 cover?
A: UCMJ Nonjudicial Punishment.
What publication covers nonjudicial punishment?
A: AR 27-10 Chapter 3.
What does the acronym UCMJ stand for?
A: Uniformed Code of Military Justice.
What does the acronym MCM stand for?
A: Manual for Courts Martial.
Why should Commanders use nonpunitive measures to the fullest extent?
A: to further the efficiency of the command before resorting to Nonjudicial punishment .
In what cases is the use of nonjudicial punishment considered appropriate?
A: cases involving minor offenses in which Nonpunitive measures are considered inadequate or inappropriate.
What should be done if it is clear that nonjudicial punishment will not be sufficient?
A: If Nonjudicial punishment will not be sufficient, more stringent measures must be taken
What is essential for nonjudicial punishment to have the proper corrective effect?
A: Prompt Action
What are the three reasons that nonjudicial punishment should be imposed?
A: 1. Correct, educate, and reform offenders.
- Preserve a Soldier’s record of service.
- Further military efficiency by disposing of minor offenses.
What is nonjudicial punishment used to correct?
A: to correct misconduct in violation of the UCMJ.
What does misconduct in violation of the UCMJ usually result from?
A: Such conduct may result from intentional disregard of, or failure to comply with, prescribed standards of military conduct.
A: result from intentional disregard of, or failure to comply
What type of conduct does nonpunitive measures usually deal with?
- simple neglect,
- forgetfulness
- laziness
- inattention to instructions
- sloppy habits
- immaturity
- difficulty in adjusting to disciplined military life
What are nonpunitive measures?
A: are primarily tools for teaching proper standards of conduct and performance and do not constitute punishment.
What are some nonpunitive measures?
A: denial of pass or other privileges, counseling, administrative reduction in grade, extra training, bar to reenlistment, and military occupational specialty (MOS) reclassification.
Who has the authority to give admonitions or reprimands either as an administrative measure or as nonjudicial punishment?
A: Commanding officers have authority to give admonitions or reprimands.
What is One of the most effective Nonpunitive measures available to a commander?
A: Extra training or instruction.
When is extra training or instruction used?
A: when a Soldier’s duty performance has been deficient.
How must the training or instruction be given?
A: must relate directly to the deficiency observed and must be oriented to correct that particular deficiency.
When can extra training or instruction be given?
A: Extra training or instruction may be conducted after duty hours.
Who can direct that a subordinate authority impose punishment under UCMJ, Art. 15?
A: No superior can direct that a subordinate authority impose punishment under UCMJ, Art. 15.
Para 3-4 Can a BDE or BN Commander issue regulations, orders, or so-called “guides” that either directly or indirectly suggest to subordinate commanders to impose UCMJ for certain offenses?
A: No.