Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

OTS AA#2 > Military Justice > Flashcards

Military Justice Flashcards

1
Q

Why is there a need for a military justice system?

A

-crimes unique to military
–malingering, desertion, AWOL

-discipline
–promotes efficiency

-worldwide operations
–require a law that can be used in foreign lands

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

What are the characteristics of the Uniform Code of Military Justice?

A

-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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

What are the characteristics of the Manual for Courts-Martial?

A

-not just a guide
-full force and effect of the law
-binding on all personnel subject to the UCMJ
-implemented by Executive Order

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

What are the three components of maintaining discipline?

A

-Preventative Discipline
-Administrative Action
-Punitive Action

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

What is “preventative discipline”?

A

-action taken to encourage members to follow standards and regulations to prevent infraction

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

What is the objective of preventative discipline?

A

-to encourage self-discipline rather than having discipline imposed by superiors

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

What is “administrative action” as it pertains to maintaining discipline?

A

-action subsequent to a rule infraction

-seeks to discourage future infractions and to ensure that further acts comply with standards

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

What are the three objectives of “administrative action”?

A

-reform the offender
-deter others from similar actions
-maintain consistent, effective group standards

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

What are the tools that can be used to maintain discipline?

A

-Letter of Counseling
-Letter of Admonishment
-Letter of Reprimand
-Unfavorable Information File
-Control Roster
-Officer Selection Record

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

What is a Letter of Counseling and give some examples of why one would be issued?

A

-a document of verbal counseling

–late
–no show
–sloppy uniform
–traffic ticket

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

What are the characteristics of a Letter of Admonishment?

A

-more serious than a Letter of Counseling

-used to document a more serious infraction, but not serious enough to warrant a Letter of Reprimand

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

What are the characteristics of a Letter of Reprimand?

A

-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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

What are the characteristics of an Unfavorable Information File?

A

-repository at Military Personnel Section (MPS)

-contains information regarding a person’s duty performance and conduct

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

What items might be contained within an Unfavorable Information File?

A

-Article 15
-Letters of Reprimand
-Counseling Documents
(as attachments only)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

What is a control roster?

A

-list of the names of individuals whose conduct, bearing, integrity, or duty performance require special attention, observation, evaluation, or rehabilitation

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

How does a Control Roster aid in Military Justice?

A

-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

17
Q

What is an Officer Selection Record?

A

-derogatory data available to a promotion record

18
Q

What is documented in an Officer Selection Record and for how long is it mandatory?

A

-court-martial convictions
-nonjudicial punishment
-Letters of Reprimand
-Letters of Admonishment
-Letters of Counseling
(from substantiated investigations)
-removal of command for cause

19
Q

What are the types of Punitive Actions that can be taken?

A

-Nonjudicial
-Judicial

20
Q

True or False: an Article 15 is a Judicial punitive action

A

False; NON-judicial

21
Q

What are the types of Judicial Punitive Actions that can be used to maintain discipline?

A

-Summary Court-Martial
-Special Court-Martial
-General Court-Martial

22
Q

What are the characteristics of an Article 15?

A

-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

23
Q

What are the characteristics of a Summary Court-Martial?

A

-tries minor offenses
-for enlisted members only
-one officer acts as judge
-limited punishment

24
Q

What are the characteristics of a Special Court-Martial?

A

-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

25
Q

What are the characteristics of a General Court-Martial?

A

-most serious offenses
-military judge + 8 members
-maximum punishment

26
Q

What are your legal rights as it pertains to military justice?

A

-right to remain silent
-right to a lawyer
-search, seizure, or inspection must be authorized by proper authority

27
Q

What article of the UCMJ establishes a suspect’s right to remain silent?

A

-Article 31

28
Q

What are some details associated with the “right to remain silent” as part of military justice?

A

-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

29
Q

What are some details associated with the “right to counsel” as part of military justice?

A

-an Area Defense Counsel (ADC) can be appointed for you free of charge

-you can pay for a civilian defense counsel

30
Q

What are some details associated with “search and seizure” as part of military justice?

A

-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

31
Q

What are your responsibilities as it pertains to military justice?

A

-comply with standards
-enforce standards
-don’t condone misconduct

32
Q

What are the functions of the Staff Judge Advocate?

A

-commander’s legal staff who runs the installation legal office

33
Q

What areas is each installation legal office divided into (run by the SJA)?

A

-military justice
-claims
-civil law

34
Q

What does the military justice section of an installation legal office do?

A

-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

35
Q

What does the claims section of an installation’s legal office do?

A

-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

36
Q

What does the civil section of an installation’s legal office do?

A

-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

37
Q

What are the functions of the Area Defense Counsel (ADC)?

A

-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

38
Q

What are the functions of the Special Victims Counsel?

A

-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

OTS AA#2 (8 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions