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Army Shit Day 3 > Military Justice > Flashcards

Military Justice Flashcards

1
Q

Regulation for Military Justice?

A

AR 27-10

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2
Q

Non-judicial punishment may be done to do what?

A

Correct, educate and reform offenders; preserve a soldier’s record of service from unnecessary stigma; and further military efficiency by disposing of minor offences in a manner requiring less time and personnel than trials by courts-martial.

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3
Q

Who can direct a subordinate leader to impose an Article 15?

A

No one

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4
Q

What form is used to request that a superior exercise Article 15 authority?

A

DA form 5109

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5
Q

When is a DA Form 2627 (Article 15) automatically filed in the performance section?

A

If the soldier has another Article 15 in the restricted area in the rank of SGT or higher.

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6
Q

Who May impose non-judicial punishment?

A

Commanders, multi-service commanders, and OICs. (Any commanding officer, including a warrant officer exercising command)

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7
Q

Whom can non-judicial punishment be imposed on?

A

Military personnel of a commander’s command. Personnel of other forces in their commands, and personnel who leave a commander’s command in Article 15 proceedings have been initiated.

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8
Q

What does the term “minor” mean?

A

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

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9
Q

What is the statute of limitations for non-judicial punishment?

A

2 years

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10
Q

What time is not included in these 2 years?

A

AWOL periods when fleeing from justice, when outside the territory where the US has authority to apprehend, or in the hands of the enemy.

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11
Q

The investigation in the preliminary inquiry should cover what?

A

Whether an offence was committed, whether the Soldiers was involved, and the character and military record of the Soldiers.

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12
Q

What punishment is given for a summarized Article 15?

A

Extra duty for 14 days, restriction for 14 days, oral reprimand or admonition, or a combination of these.

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13
Q

What form is used for summarized proceedings?

A

DA form 2627-1

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14
Q

What must the soldier be notified of if receiving a summarized Article 15?

A

The commander’s intention to initiate Article 15 procedures, that commander is planning to summarize proceedings and max the punishment, the right to remain silent, offences that the soldier committed, the right to demand a trial, the right to confront witnesses, and the right to appeal.

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15
Q

When can someone not refuse an Article 15 and demand a trial by courts-martial?

A

When embarked on a vessel.

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16
Q

Where is the Military Court of Appeals located?

A

Washington D.C.

17
Q

How many members are on the Military Court of Appeals?

A

5 members

18
Q

What is the max punishment that a company commander can impose?

A

14 days restriction and extra duty, 7 days forfeiture of pay, and one grade reduction for E-3 and below.

19
Q

Which articles in the UCMJ are punitive?

A

Articles 77-134

20
Q

How many articles are in the UCMJ?

A

146 Articles and 12 subarticles = 158

21
Q

When was the UCMJ established?

A

1951

22
Q

What are the two types of special courts-martial?

A

Special and bad-conduct discharge special courts-martial.

23
Q

What is the max punishment for special courts-martial?

A

Reduction to E-1, confinement for 6 months, and loss of 2/3 pay for 6 months.

24
Q

How many members of a special or general courts-martial can be enlisted?

A

1/3 of the members

25
Q

What are the max punishments for a Field Grade Article 15?

A

60 days restriction, 45 days extra duty, loss of ½ of a month’s pay for 2 months, reduction in rank, and E-3 and below can be confined on bread and water while embarked on a vessel.

26
Q

What article of the UCMJ gives the right to legal counsel, to remain silent, and protection from selfincrimination?

A

Article 31

27
Q

Which courts-martial require a military judge?

A

Special and general

28
Q

When will a summarized Article 15 be destroyed?

A

After 2 years or when the Soldier transfers units.

29
Q

What are the three types of courts-martial?

A

Special, summary and general

30
Q

How much time does a Soldier have to appeal?

A

5 calendar days

31
Q

What is the sentence in most summary courts-martial?

A

Loss of 2/3 of one month’s pay, reduction in rank and up to 30 days in jail.

32
Q

When will a summarized Article 15 be destroyed?

A

After 2 years or when the Soldier transfers units.

33
Q

What kind of extra duty is an NCO given by an article 15?

A

Supervisory duty only

34
Q

What is a Field Grade Article 15?

A

An article 15 imposed by an O4 or above

35
Q

What are the three classifications of article 15s?

A 
Summarized  (Article  15  kept  filed  locally) 
Company  grade  (0-3) 
Field  grade  (0-4  or  above)

Army Shit Day 3 (7 decks)

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