Military Justice Flashcards

1
Q

Does a person have to accept an article 15?

A

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

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2
Q

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

A

supervisory duty only

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3
Q

What is UCMJ?

A

Uniform code of Military Justice

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4
Q

How many articles are there in the UMCJ?

A

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.

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5
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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6
Q

what is a Field Grade Article 15?

A

an article 15 imposed by an O-4 or above

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7
Q

who may impose an article 15?

A

any commanding officer, including a warrant officer exercising command.

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8
Q

what does 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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9
Q

what are the three classifications of article 15’s?

A
  • Summarized
  • Company Grade
  • Field Grade
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10
Q

what form is used to record summarized article 15 proceedings?

A

DA Form 2627-1

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11
Q

what are articles 77 through 134 of the UCMJ known as?

A

punitive articles

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12
Q

what are 3 types of court martial?

A
  • summary
  • special
  • general
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13
Q

what are the maximum punishments that company commanders may impose?

A
  • 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
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14
Q

who is the highest military court?

A

the court of military appeals

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15
Q

under what article is Non-judicial punishment imposed?

A

article 15

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16
Q

who makes up the court of military appeals?

A

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.

17
Q

what is one circumstance when a soldier does not have the right to refuse an Article 15 and demand trial by court martial?

A

when aboard a ship

18
Q

what rights are given to a soldier under article 31?

A

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

19
Q

what AR covers military Justice?

A

AR 27-10