Military Justice Flashcards
What regulation covers military justice?
AR 27-10
How many articles are there in the UCMJ?
146 (12 sub articles) total 158
What is UCMJ?
Uniform Code of Military Justice
When was UCMJ enacted?
May 1950
(Based on the articles of war)
What form is an article 15 recorded on?
DA Form 2627-1
Does a person have to accept an article 15?
No, they have a right to trial by court martial
Who can give an article 15?
The command or warrant officer exercising command
What is a field grade article 15?
An article 15 imposed be an O4 or above
What does the UCMJ establish?
It declares what conduct is a crime and sets guidelines for the court
What are the 3 types of court martial?
Summary
Special
General
How many punitive articles are there in the ucmj?
57 (articles 77-134)
What is the military court of appeals?
The highest military court
How many members make up the military court of appeals?
5 civilian judges
How long does a soldier receiving a summarized article 15 have to decide if they want to go to court martial?
24 hours
How long does a soldier have to appeal a summarized article 15?
5 days
Does a soldier receiving a summarized article 15 have the right to consult a defense attorney?
No
When is non-judicial punishment appropriate?
For minor offenses where no punitive punishments would be inadequate
What are the main reasons to impose non-judicial punishment?
No more than 2 years after the offense
When is non-punitive punishment typically used?
Cases of neglect
Forgetfulness
Laziness
Inattention to instruction
Sloppy habits
Immaturity
How must non-punitive punishment typically be oriented?
Oriented to correct deficiency
What are some examples of non-punitive punishment?
Denial of pass or other privilege
Counseling
Extra training
Bar to reenlistment
Administrative reduction
Reclassification
