Military Justice Flashcards
Why is there a need for a military justice system?
-crimes unique to military
–malingering, desertion, AWOL
-discipline
–promotes efficiency
-worldwide operations
–require a law that can be used in foreign lands
What are the characteristics of the Uniform Code of Military Justice?
-part of the US code
-modified and consolidated the Articles of War, Articles for the Government of the Navy, and Disciplinary Laws of the Coast Guard
-contains the punitive articles (77-134)
-extends jurisdiction outside the US
What are the characteristics of the Manual for Courts-Martial?
-not just a guide
-full force and effect of the law
-binding on all personnel subject to the UCMJ
-implemented by Executive Order
What are the three components of maintaining discipline?
-Preventative Discipline
-Administrative Action
-Punitive Action
What is “preventative discipline”?
-action taken to encourage members to follow standards and regulations to prevent infraction
What is the objective of preventative discipline?
-to encourage self-discipline rather than having discipline imposed by superiors
What is “administrative action” as it pertains to maintaining discipline?
-action subsequent to a rule infraction
-seeks to discourage future infractions and to ensure that further acts comply with standards
What are the three objectives of “administrative action”?
-reform the offender
-deter others from similar actions
-maintain consistent, effective group standards
What are the tools that can be used to maintain discipline?
-Letter of Counseling
-Letter of Admonishment
-Letter of Reprimand
-Unfavorable Information File
-Control Roster
-Officer Selection Record
What is a Letter of Counseling and give some examples of why one would be issued?
-a document of verbal counseling
–late
–no show
–sloppy uniform
–traffic ticket
What are the characteristics of a Letter of Admonishment?
-more serious than a Letter of Counseling
-used to document a more serious infraction, but not serious enough to warrant a Letter of Reprimand
What are the characteristics of a Letter of Reprimand?
-official censure of inefficiency, impropriety, or misconduct
-more severe than a Letter of Counseling or a Letter of Admonition and indicates a stronger degree of official censure
-must be written according to AFI 36-2907
What are the characteristics of an Unfavorable Information File?
-repository at Military Personnel Section (MPS)
-contains information regarding a person’s duty performance and conduct
What items might be contained within an Unfavorable Information File?
-Article 15
-Letters of Reprimand
-Counseling Documents
(as attachments only)
What is a control roster?
-list of the names of individuals whose conduct, bearing, integrity, or duty performance require special attention, observation, evaluation, or rehabilitation
How does a Control Roster aid in Military Justice?
-assists commanders and supervisors in controlling and managing those members
-gives the person a chance to improve in their deficit area within a specific time period
-renders the individual ineligible for reenlistment, promotion, PME in residence (Professional Military Education), or PCS while on the roster
What is an Officer Selection Record?
-derogatory data available to a promotion record
What is documented in an Officer Selection Record and for how long is it mandatory?
-court-martial convictions
-nonjudicial punishment
-Letters of Reprimand
-Letters of Admonishment
-Letters of Counseling
(from substantiated investigations)
-removal of command for cause
What are the types of Punitive Actions that can be taken?
-Nonjudicial
-Judicial
True or False: an Article 15 is a Judicial punitive action
False; NON-judicial
What are the types of Judicial Punitive Actions that can be used to maintain discipline?
-Summary Court-Martial
-Special Court-Martial
-General Court-Martial
What are the characteristics of an Article 15?
-for minor offenses
-imposed by the commander
-punishment depends on rank of offender and commander
-member may request trial by court-martial instead
-acceptance of forum, not admission of guilt
-does not constitute a criminal conviction
What are the characteristics of a Summary Court-Martial?
-tries minor offenses
-for enlisted members only
-one officer acts as judge
-limited punishment
What are the characteristics of a Special Court-Martial?
-tries intermediate offenses
-military judge + 4 members
-can request a “Bench Special” with only a military judge; 6mos max punishment; accused can object
-limited punishment
What are the characteristics of a General Court-Martial?
-most serious offenses
-military judge + 8 members
-maximum punishment
What are your legal rights as it pertains to military justice?
-right to remain silent
-right to a lawyer
-search, seizure, or inspection must be authorized by proper authority
What article of the UCMJ establishes a suspect’s right to remain silent?
-Article 31
What are some details associated with the “right to remain silent” as part of military justice?
-right to stop questioning at any time
-avoid self-incrimination
-right to be informed of the nature of the offense
-if you do say something after being advised of rights, it can be used against you
What are some details associated with the “right to counsel” as part of military justice?
-an Area Defense Counsel (ADC) can be appointed for you free of charge
-you can pay for a civilian defense counsel
What are some details associated with “search and seizure” as part of military justice?
-in most cases, the Staff Judge Advocate (SJA) should be consulted before a search, seizure, or inspection is authorized
-commanders have the authority to authorize searches, seizures, and inspections for areas in which they have authority
What are your responsibilities as it pertains to military justice?
-comply with standards
-enforce standards
-don’t condone misconduct
What are the functions of the Staff Judge Advocate?
-commander’s legal staff who runs the installation legal office
What areas is each installation legal office divided into (run by the SJA)?
-military justice
-claims
-civil law
What does the military justice section of an installation legal office do?
-prosecutes all courts-martial
-gives legal advice to police
investigators and commanders concerning criminal investigations
-advises unit commanders with Article 15’s
-reviews procedures for sufficiency
What does the claims section of an installation’s legal office do?
-settles small claims made against government (e.g. car accident)
-file claims on behalf of the govt when someone damages govt property
-large claims forwarded to AF Tort Claims and Litigation Branch
What does the civil section of an installation’s legal office do?
-provides notary service, wills and powers of attorney,
-provides legal assistance to military members and dependents
-conducts legal reviews for commanders
-help fill out and file tax returns
What are the functions of the Area Defense Counsel (ADC)?
-represents USAF and USSF personnel
-separate chain of command from SJA
-provides legal advice and representation to military members under criminal investigations, letters of reprimand, article 15, administrative demotions and separations, and courts-martial
What are the functions of the Special Victims Counsel?
-advises victims of alleged sexual assault and represents them during courts-martial
-assists victims with providing information to court on sentencing
-separate from the SJA
