Military Justice Flashcards
What AR covers UCMJ?
AR 27-10
Does a person have to accept a UCMJ?
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?
The statue that prescribes criminal law for soldiers.
How many articles are there in the UCMJ?
There are 146 Articles in the UCMJ. There are also 12 sub articles. There are a total of 158.
When was the UCMJ enacted?
1950, congress enacted the UCMJ, which was based upon and replaced the Articles of War, which had been around in various forms since 1775.
The UCMJ is compromised of how many punitive articles?
61
What are the maximum punishments that company commanders may impose?
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
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 three classifications of Article 15s?
o Summarized
o Company Grade
o Field Grade
What DA Form is used to record Summarized Atricle 15 proceedings?
DA Form 2627-1
What are Articles 77-134 known as?
Punitive Articles
In what publication will you find the Constitution?
Manual for Courts Martial
Military Justice is administered at what 2 levels?
Nonjudicial-Article 15s
Judicial- Courts Martial
Who may impose an A15?
Any commanding officer
What is the max number of days extra duty that may be given by a field grade commander?
45 days
What is the statute of limitations for punishment by A15?
> 2 years from imposition
What article is designed to protect the rights of the soldier?
Article 31
What right does a SM have in addition to article 31?
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
What are the 3 types of Court martial?
Summary
General
Special
What is the max sentence you can be judged by a general court martial?
Death
What are the 5 types of discharges?
honorable/ general/ other that honorable/ bad conduct/ dishonorable
Which amendment protects SM from unreasonable search and seizures?
4th Amendment
What amendment provides that no person shall be compelled to bear witness against himself?
5th Amendment
The right to a speedy trial is guaranteed by what amendment?
6th amendment and Article 10 of UCMJ
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
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.
What is the highest court in the Army?
The court of appeals for the armed forces
What article of the UCMJ covers commanding Officers Nonjudicial punishment?
Article 15
What article of the UCMJ gives soldiers guidance if they have been wronged by a CO?
Article 138
What article of the UCMJ covers drunken or reckless driving?
Article 111
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.
