Military Justice Flashcards
Does a person have to accept an article 15?
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 UCMJ?
Uniform code of Military Justice
How many articles are there in the UMCJ?
there are 146 articles in the UCMJ. There are also sub-articles which total 12. It would be more accurate to say there are 158 articles in the UCMJ.
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
what is a Field Grade Article 15?
an article 15 imposed by an O-4 or above
who may impose an article 15?
any commanding officer, including a warrant officer exercising command.
what does 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 the three classifications of article 15’s?
- Summarized
- Company Grade
- Field Grade
what form is used to record summarized article 15 proceedings?
DA Form 2627-1
what are articles 77 through 134 of the UCMJ known as?
punitive articles
what are 3 types of court martial?
- summary
- special
- general
what are the maximum punishments that company commanders may impose?
- 14 days extra duty
- 14 days restriction
- 7 days correctional custody (E3 and below)
- 7 days forfeiture of pay
- 1 grade reduction for E4 and below
- Oral or written letter of reprimand
who is the highest military court?
the court of military appeals
under what article is Non-judicial punishment imposed?
article 15
who makes up the court of military appeals?
the court was originally composed of 3 civilian judges appointed by the president of the U.S for a normal term of 15 years and confirmed by the senate of the United States. Starting October 1, 1990 congress increased the membership on this Federal Court to 5 civilian judges.
what is one circumstance when a soldier does not have the right to refuse an Article 15 and demand trial by court martial?
when aboard a ship
what rights are given to a soldier under article 31?
the rights given to a soldier under Article 31 are: the right to remain silent, the right to demand trial, and the right to an attorney
what AR covers military Justice?
AR 27-10