MILITARY JUSTICE Flashcards

1
Q

What does AR 27-10 CH 3 cover?

A

A: UCMJ Nonjudicial Punishment.

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2
Q

What publication covers nonjudicial punishment?

A

A: AR 27-10 Chapter 3.

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3
Q

What does the acronym UCMJ stand for?

A

A: Uniformed Code of Military Justice.

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4
Q

What does the acronym MCM stand for?

A

A: Manual for Courts Martial.

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5
Q

Why should Commanders use nonpunitive measures to the fullest extent?

A

A: to further the efficiency of the command before resorting to Nonjudicial punishment .

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6
Q

In what cases is the use of nonjudicial punishment considered appropriate?

A

A: cases involving minor offenses in which Nonpunitive measures are considered inadequate or inappropriate.

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7
Q

What should be done if it is clear that nonjudicial punishment will not be sufficient?

A

A: If Nonjudicial punishment will not be sufficient, more stringent measures must be taken

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8
Q

What is essential for nonjudicial punishment to have the proper corrective effect?

A

A: Prompt Action

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9
Q

What are the three reasons that nonjudicial punishment should be imposed?

A

A: 1. Correct, educate, and reform offenders.

  1. Preserve a Soldier’s record of service.
  2. Further military efficiency by disposing of minor offenses.
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10
Q

What is nonjudicial punishment used to correct?

A

A: to correct misconduct in violation of the UCMJ.

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11
Q

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

A: result from intentional disregard of, or failure to comply

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12
Q

What type of conduct does nonpunitive measures usually deal with?

A
  • simple neglect,
  • forgetfulness
  • laziness
  • inattention to instructions
  • sloppy habits
  • immaturity
  • difficulty in adjusting to disciplined military life
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13
Q

What are nonpunitive measures?

A

A: are primarily tools for teaching proper standards of conduct and performance and do not constitute punishment.

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14
Q

What are some nonpunitive measures?

A

A: denial of pass or other privileges, counseling, administrative reduction in grade, extra training, bar to reenlistment, and military occupational specialty (MOS) reclassification.

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15
Q

Who has the authority to give admonitions or reprimands either as an administrative measure or as nonjudicial punishment?

A

A: Commanding officers have authority to give admonitions or reprimands.

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16
Q

What is One of the most effective Nonpunitive measures available to a commander?

A

A: Extra training or instruction.

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17
Q

When is extra training or instruction used?

A

A: when a Soldier’s duty performance has been deficient.

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18
Q

How must the training or instruction be given?

A

A: must relate directly to the deficiency observed and must be oriented to correct that particular deficiency.

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19
Q

When can extra training or instruction be given?

A

A: Extra training or instruction may be conducted after duty hours.

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20
Q

Who can direct that a subordinate authority impose punishment under UCMJ, Art. 15?

A

A: No superior can direct that a subordinate authority impose punishment under UCMJ, Art. 15.

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21
Q

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

A: No.

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22
Q

Who can nonjudicial punishment may be imposed upon?

A

A: Military personnel of a commander’s command.

23
Q

What is considered minor offenses?

A

A: misconduct not involving any greater degree of criminality.

24
Q

What does SCM stand for?

A

A: Summary Court Martial.

25
Q

What does GCM stand for?

A

A: General Court Martial.

26
Q

If a Soldier is given nonjudicial punishment for what is thought to be a minor offense that was actually not a minor offense can the Soldier still be tried by a court martial?

A

A: Yes.

27
Q

When nonjudicial punishment has been imposed for an offense can punishment be imposed again for the same offense under UCMJ, Art. 15?

A

A: No; Once Nonjudicial punishment has been imposed, it may not be increased

28
Q

Can a Commander issue multiple punishments to a Soldier under UCMJ?

A

A: No.

29
Q

How long after an incident can nonjudicial punishment be imposed?

A

A: Not more than 2 years

30
Q

What is the statute of limitations for nonjudicial punishment?

A

A: 2 Years.

31
Q

What are the two types of nonjudicial punishment that a company commander may impose?

A

A: Summary or Company Grade.

32
Q

What is the maximum punishment for a summary article 15?

A

A: 1. Extra duties for 14 days.

  1. Restriction for 14 days.
  2. Oral reprimand or admonition.
  3. Any combination of the above.
33
Q

Is the Soldier allowed to consult defense if receiving a summary article 15?

A

A: No.

34
Q

Is a Soldier allowed to demand trial by court martial if receiving a summary article 15?

A

A: Yes.

35
Q

Under a summary article 15 how long is normally given to the Soldier to decide if they choose to demand trial by court martial?

A

A: usually 24 hours.

36
Q

How long is a Soldier normally given to appeal a summary article 15?

A

A: Normally no longer than 5 days.

37
Q

Can a Commander delegate the notification of an article 15 to authorize a commissioned officer or NCO?

A

A: Yes.

38
Q

Who should the NCO performing the notification normally be?

A

A: The First Sergeant or Senior NCO of the Organization.

39
Q

Does the Soldier have right to counsel if it is a company grade or higher article 15?

A: Yes.

A

A: Yes.

40
Q

How long will a Soldier be given to consult with counsel?

A: Normally 48 hours.

A

A: Normally 48 hours.

41
Q

Who are commanders are encouraged to consult prior to giving punishment under UCMJ?

A

A: Their NCO’s.

42
Q

What are the kinds and amounts of punishment authorized under the UCMJ, Art. 15?

A

A: Company Level or Field Grade and Higher Level.

43
Q

Can the punishment be made public and put out at formation?

A

A: Yes; after the Appeal is completed.

44
Q

Can the Article 15 be published on bulletin boards?

A

A: Yes after Social Security number has been removed.

45
Q

What would be the purpose of announcing or posting the article 15’s?

A

A: to preclude perceptions of unfairness of punishment and to deter similar misconduct by other Soldiers.

46
Q

What does punishment is suspended mean?

A

A: Suspension is a grant of probational period.

47
Q

How long can a punishment be suspended for company and higher article 15’s?

A

A: punishment of reduction or forfeiture may be suspended only within a period of 4 months.

48
Q

How long can a punishment be suspended for summarized article 15’s?

A

A: No more than 3 months.

49
Q

What is mitigation?

A

A: Mitigation is a reduction in either the quantity or quality of a punishment.

50
Q

How many appeals can a soldier make to an article 15 hearing?

A

A: Only one appeal is permissible under UCMJ, Art. 15 proceedings.

51
Q

Who may act on an appeal?

A

A: The next superior authority to the commanding officer who imposed the UCMJ.

52
Q

What is the form used for article 15’s?

A: DA Form 2627.

A

A: DA Form 2627.

53
Q

Who may request the transfer of a record of nonjudicial punishment from the performance section of their OMPF to the restricted section?

A

A: SGT and above.