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Army Board Study Guide > Military Justice > Flashcards

Military Justice Flashcards

1
Q

What AR covers UCMJ?

A

AR 27-10

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2
Q

Does a person have to accept a UCMJ?

A

No, he or she has the right to demand a trial by court martial.

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3
Q

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

A

Supervisory Duty only

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4
Q

What is the UCMJ?

A

The statue that prescribes criminal law for soldiers.

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5
Q

How many articles are there in the UCMJ?

A

There are 146 Articles in the UCMJ. There are also 12 sub articles. There are a total of 158.

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6
Q

When was the UCMJ enacted?

A

1950, congress enacted the UCMJ, which was based upon and replaced the Articles of War, which had been around in various forms since 1775.

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7
Q

The UCMJ is compromised of how many punitive articles?

A

61

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8
Q

What are the maximum punishments that company commanders may impose?

A 
o 14 days extra duty
o 14 days restriction
o 7 days correctional custody (E3 and below)
o 7 days forfeiture of pay
o 1 grade reduction (E4 and below)
o oral and written letter of reprimand
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9
Q

What does the UCMJ establish?

A

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.

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10
Q

What are three classifications of Article 15s?

A

o Summarized
o Company Grade
o Field Grade

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11
Q

What DA Form is used to record Summarized Atricle 15 proceedings?

A

DA Form 2627-1

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12
Q

What are Articles 77-134 known as?

A

Punitive Articles

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13
Q

In what publication will you find the Constitution?

A

Manual for Courts Martial

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14
Q

Military Justice is administered at what 2 levels?

A

Nonjudicial-Article 15s

Judicial- Courts Martial

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15
Q

Who may impose an A15?

A

Any commanding officer

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16
Q

What is the max number of days extra duty that may be given by a field grade commander?

A

45 days

17
Q

What is the statute of limitations for punishment by A15?

A

> 2 years from imposition

18
Q

What article is designed to protect the rights of the soldier?

A

Article 31

19
Q

What right does a SM have in addition to article 31?

A

Right to: remain silent/ have counsel present/ due process/ search and seizure/ protection against double jeopardy/ sentence reveiw/ speedy trial/ call favourable witnesses/ trial by courts martial

20
Q

What are the 3 types of Court martial?

A

Summary
General
Special

21
Q

What is the max sentence you can be judged by a general court martial?

A

Death

22
Q

What are the 5 types of discharges?

A

honorable/ general/ other that honorable/ bad conduct/ dishonorable

23
Q

Which amendment protects SM from unreasonable search and seizures?

A

4th Amendment

24
Q

What amendment provides that no person shall be compelled to bear witness against himself?

A

5th Amendment

25
Q

The right to a speedy trial is guaranteed by what amendment?

A

6th amendment and Article 10 of UCMJ

26
Q

Under UCMJ, a SM must not be questioned until SM has been informed of right to counsel. This is pursuant to what Supreme Court Case?

A

Miranda vs Arizona

27
Q

What does MCM stand for and what does it do?

A

Manual for Courts Martial

Explains what conduct is a violation of UCMJ, sets rules of evidence, list max punishment for each offense.

28
Q

What is the highest court in the Army?

A

The court of appeals for the armed forces

29
Q

What article of the UCMJ covers commanding Officers Nonjudicial punishment?

A

Article 15

30
Q

What article of the UCMJ gives soldiers guidance if they have been wronged by a CO?

A

Article 138

31
Q

What article of the UCMJ covers drunken or reckless driving?

A

Article 111

32
Q

What is the Lautenberg amendment?

A

Makes it a felony offense for those convicted of misdemeanor crimes of domestic violence to ship, transport, possess, or receive firearms or ammo.

Army Board Study Guide (14 decks)

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