Military Justice

Question 1

Hay does UCMJ stand for?

Answer 1

Uniform code of military justice

Question 2

What does MCM stand for?

Answer 2

Manual for courts martial

Question 3

Why should commanders use nonpunitive measures to the fullest extent?

Answer 3

To further the efficiency of the command before resorting to nonjudicial punishment

Question 4

In what cases is the use of nonjudicial punishment considered appropriate?

Answer 4

In all cases involving minor offenses in which nonpunitive measures are considered inadequate or inappropriate

Question 5

What should be done if it is clear that nonjudicial punishment will not be sufficient?

Answer 5

More stringent measures must be taken

Question 6

What is essential for nonjudicial punishment to have the proper corrective effect?

Answer 6

Prompt action

Question 7

What is an article 15?

Answer 7

Type of nonjudicial punishment for minor offenses imposed upon military personnel by the commander

Question 8

What is the aim of nonjudicial punishment?

Answer 8

Correct, educate, and reform offenders whom the imposing commander determines cannot benefit from less stringent measuresPreserve a soldiers record of service from unnecessary stigma by record of court martial convictionFurther military efficiency by disposing of minor offenses in a manner requiring less time and personnel than trial by court martial

Question 9

Who may impose an Article 15?

Answer 9

Any commanding officer, including a warrant officer exercising command

Question 10

Does a person have to accept an Article 15?

Answer 10

No, a soldier has the right to demand a trial by court martial

Question 11

What is the relationship of nonjudicial punishment to nonpunitive measures?

Answer 11

Nonjudicial corrects misconduct. Such conduct may result from intentional disregard of, or failure to comply with, prescribed standards. Nonpunitive measures deal with misconduct resulting from simple neglect, forgetfulness, laziness, inattention to instructions and similar deficiencies. These measures are tools for teaching proper standards of conduct and do not constitute punishment

Question 12

What is one of the most effective nonpunitive measures available to a commander?

Answer 12

Extra training/instruction. (The training must relate directly to the deficiency observed and must be oriented to correct that particular deficiency

Question 13

What are the two officer categories that determine the maximum punishment imposed under Article 15 of the UCMJ?

Answer 13

Company grade - O3 or below Field grade O4 -O6 and general officers

Question 14

What are the two types of proceedings taken during nonjudicial punishment, article 15 process?

Answer 14

Summarized proceedingsFormal proceedings

Question 15

What is the maximum punishment under summarized proceedings?

Answer 15

Extra duty for 14 days Restriction for 14 days Oral reprimand or admonition Any combination of the above

Question 16

When does a commander decide to proceed to the formal proceedings of an article 15 after performing g the preliminary inquiry in the summarized proceedings?

Answer 16

When the commander who, after a preliminary inquiry, determines that the soldier alleged to have committed an offense and that punishment, if it should prove to be appropriate, might exceed extra duties for 14 days, restriction for 14 days, oral reprimand, etc

Question 17

What is the difference between a company grade and field grade article 15?

Answer 17

Maximum authority punishment, other than this they are identical

Question 18

What is the maximum punishment under company grade article 15, excluding correctional custody and diet confinement?

Answer 18

Forfeiture of 7 days pay for 1 monthRestrictionExtra duty for 14 days 1 grade reduction for E4 and belowOral or written letter of reprimand

Question 19

What is the maximum punishment under field grade article 15?

Answer 19

Forfeit 1/2 months pay for 2 monthsRestriction for 60 days Extra duty for 45 days 1 grade reduction E1-E6Oral or written letter of reprimand

Question 20

What form is used to record nonjudicial punishment proceedings?

Answer 20

DA Form 2627-1

Question 21

What are three types of courts martial?

Answer 21

Summary SpecialGeneral

Question 22

What is the nations highest military court?

Answer 22

Court of appeals for the armed forces (CAAF)

Question 23

Who makes up the CAAF?

Answer 23

5 civilian judges, appointed for a fifteen year term

Question 24

What is one circumstance when a soldier does not have the right to refuse an article 15 and demand trial by court martial?

Answer 24

When aboard a ship

Question 25

What rights are given to a soldier under article 31?

Answer 25

The right to remain silentThe right to an attorneyProtection from self-incrimination

Question 26

What is a reprimand?

Answer 26

Act of formal censure, or or written, which condemns the offender for misconduct

Question 27

What is the statute of limitations for nonjudicial punishment?

Answer 27

Two years

Question 28

What is not included in the two-year statute of limitations for nonjudicial punishment?

Answer 28

Absent without authority (AWOL) Fleeing from justice Outside the territory where the US has authority to apprehendIn the custody of civil authorities In the hands of the enemy

Question 29

What is a minor offense?

Answer 29

Misconduct not involving any greater degree of criminality than is involved in the average offense tried by summary court martial

Question 30

How does the commander determine if nonjudicial punishment procedure would be appropriate?

Answer 30

Conduct a preliminary investigation, usually the preliminary investigation is informal and consists of interviews with witnesses and review of police or other informative reportsThe investigation should provide the commander with sufficient information to make an appropriate disposition of the incident

Question 31

What are the step of the summarized proceedings?

Answer 31

Preliminary inquiryNotification and explanation of rightsDecision period Hearing AppealRecording and filing of DA Form 2627-1

Question 32

What are the soldiers rights during the summarized proceedings for nonjudicial punishment?

Answer 32

Fully present the soldiers case in the presence, except in rare circumstances, of the imposing commanderCall witnessesPresent evidence Request that the soldier be accompanied by a spokesperson Request an open hearingExamine available evidence

Question 33

What 9 rights under article 31 must a soldier be made aware of when he is notified of being considered for punishment under formal article 15?

Answer 33

Right to remain silentRight to counselRight to demand trialRight to present his case in the presence of the imposing commander Call witnessesPresent evidenceRequest that he be accompanied by a spokespersonRequest an open hearingExamine available evidence

Question 34

What publication covers nonjudicial punishment?

Answer 34

AR 27-10 ch. 3