Military justice Flashcards
What AR covers military justice?
AR 27-10
Does a person have to accept an article 15?
No, he or she has the right to demand a trial by court martial.
What kind of extra duty is an NCO given by an article 15?
Supervisory duty only
What is the UCMJ?
Uniform code of military justice, is the statue that prescribes criminal law for soldiers
How many articles are there in the UCMJ?
There are 146 articles and 12 sub-articles.
When was the UCMJ enacted?
1950
What is a field grade article 15?
an article 15 imposed by a major or above.
Who may impose an article 15?
Any commanding officer.
What does the UCMJ establish?
It declares what conduct is a crime, establishes the various types of courts, and sets forth the basic procedures to be followed in the administration of military justice
what are the three types of article 15s?
summarized, company grade, and field grade
What form is used to record summarized article 15 proceedings?
DA Form 2627-1
What are articles 77 through 134 of the UCMJ known as?
Punitive articles
Who is the highest military court?
The court of military appeals
Under what article is non-judicial punishment imposed?
Article 15
What are the maximum punishments that company commanders may impose?
14 days extra duty; 14 days restriction; 7 days correctional custody (PFC and below); 7 days forfeiture of pay; one grade reduction for specialist and below; oral or written letter of reprimand
What is one circumstance when a soldier does not have the right to refuse an article 15 and demand trial by court martial?
when aboard a ship
What rights are given to a soldier under article 31?
the right to remain silent, the right to demand trial, and the right to an attorney
What are the three types of court martial?
Summary, special, general
What is extra training or instruction and when it is used?
The training or instruction must relate directly to the deficiency observed and must be orientated to correct that particular deficiency. It is used when a soldier’s duty performance has been substandard or deficient.
Give an example of extra training or instruction?
A soldier who fails to maintain proper attire may be required to attend classes on the wearing of the uniform and stand inspection until the deficiency is corrected.
