Military Justice Flashcards
What are the functions of the UCMJ?
To modify and consolidate the army articles of war, articles for the gov of the navy, and disciplinary laws of the coast guard.
part of US Code
Uniform set of standards
contain punitive articles 77-134
extends jurisdiction outside the US
what are the functions of the Manual for Courts Martial (MCM)?
To address the field of mil justice as thoroughly as possible under the restrictions of a working manual
full force and effect of law
operators manual f/ how to use UCMJ
binds all personnel subject to UCMJ (including non judicial punishment)
implemented by executive order
What is the need for a military justice system?
Discipline (and good order)
Crimes unique to military
worldwide operations
Describe need for discipline
critical to effective military ops
promotes justices
maintains good order and discipline
Describe crimes unique to the military
malingering (art 83)
Desertion (85)
awol (86)
missing a movement (87)
disrespect toward superior (89)
Failure to obey lawful order/dereliction of duty (92)
Prohibited act with recruit/trainee by person in position of special trust (93)
misbehavior before enemy (99)
fraudulent enlistment (104)
drunk on duty (112)
fraternization (134)
Describe worldwide ops
Unique mission and mobility requires law we can take to foreign lands
What are service members rights (article 31)?
Involuntary self-incrimination
right to counsel
search and seizure
What is involuntary self-incrimination?
right to stop questioning at any time
if suspected of crime, you must be informed of the nature of the offense
do/say anything after being advised, can be used against you
What is right to counsel?
adc can be appointed f/ you free of charge
you can pay for civ defense
What is search and seizure?
CC has authority to search or conduct wellness checks
warrants required for search and seizure of personal property outside CC authority
call legal, if you find something suspicious during a CC wellness check
Methods and associated tools available w/in UCMJ to maintain Discipline?
Preventive discipline (encourage self discipline)
admin action
What is preventive discipline?
taken to encourage members to follow standards and regulations
What is an admin action?
an action subsequent to rule infraction
seeks to discourage further infractions and to ensure further acts comply w/ standards
What are Admin Tools (non-punitive actions)?
tolls used to maintain discipline
What are the admin tools or non-punitive actions, in order?
LOC
LOA
LOR
UIF
Control roster
Officer Selection Board
