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?

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?

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
The right to a speedy trial is guaranteed by what amendment?
6th amendment and Article 10 of UCMJ
26
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?
Miranda vs Arizona
27
What does MCM stand for and what does it do?
Manual for Courts Martial | Explains what conduct is a violation of UCMJ, sets rules of evidence, list max punishment for each offense.
28
What is the highest court in the Army?
The court of appeals for the armed forces
29
What article of the UCMJ covers commanding Officers Nonjudicial punishment?
Article 15
30
What article of the UCMJ gives soldiers guidance if they have been wronged by a CO?
Article 138
31
What article of the UCMJ covers drunken or reckless driving?
Article 111
32
What is the Lautenberg amendment?
Makes it a felony offense for those convicted of misdemeanor crimes of domestic violence to ship, transport, possess, or receive firearms or ammo.