Military Justice (AR 27-10) Flashcards
What reference covers Military Justice?
AR 27-10
A soldiers DOES NOT have the right to refuse an Article 15 and demand trial by court martial under what circumstances?
When aboard a ship
How many articles are in the UCMJ?
158 total
146 articles and 12 sub-articles
What are the 3 types of court martial?
Summary
Special
General
What are the 3 levels of Article 15’s?
Summary
Company Grade
Field Grade
What form is used to record summarized Article 15 proceedings?
DA 2627
What rights are given to soldiers under Article 31?
Right to remain silent
Right to demand trial
Right to an attorney
What is non-judicial punishment used for?
To correct misconduct in violation of the UCMJ
What are non-punitive measures?
Non-punitive measure are primarily tools for teaching proper standards of conduct and performance and do not constitute punishment
What are some examples of non-punitive measures?
- denial of pass or other privileges
- counseling
- administrative reduction in grade
- administrative reprimands and admonitions
- extra training
- bar to reenlistment
- military occupational specialty (MOS) reclassification
What are some punishments for a COMPANY GRADE Article 15?
- Correctional custody for PFC and below: 7 days company
- Confinement on bread and water or diminished rations: for PFC and below for personnel attached to or embarked on a vessel 3 days company level
- Restriction: 14 days for Company
- Extra duties: 14 days for Company
- Reduction in grade: 1 grade Company Level
- Forfeiture of pay: 7 days pay for Company level
7 Combination and apportionment
What are some punishments for a FIELD GRADE Article 15?
- Correctional custody: for PFC and below 30 days
- Confinement on bread and water or diminished rations: for PFC and below for personnel attached to or embarked on a vessel: 4 days battalion or higher
- Restriction: 60 days for Battalion and higher
- Arrest in quarters: 30 days Battalion and higher
- Extra duties: 45 days for Battalion and higher
- Reduction in grade: 1 or more grades for E-4 and Below at BN and for 1 Grade for E-5& E-6 BN Or higher Level
- Forfeiture of pay: ½ of one month’s pay for 2 months BN and above
- Combination and apportionment can be a combination of above
Describe a Summary Court Martial
Summary Court-Martial. Trial by summary court-martial provides a simplified procedure for the resolution of charges involving minor incidents of misconduct. The summary court-martial consists of one officer who, depending upon Service policies and practice, is a judge advocate (a military attorney). The maximum punishment a summary court-martial may impose is considerably less than a special or general court-martial. The accused must consent to be tried by a summary court-martial.
Describe a Special Court Martial
Special Court-Martial. A special court-martial is the intermediate court level. It consists of a military judge, trial counsel (prosecutor), defense counsel, and a minimum of three officers sitting as a panel of court members or jury. An enlisted accused may request a court composed of at least one-third enlisted personnel. An accused, officer or enlisted, may also request trial by judge alone. Regardless of the offenses involved, a special court-martial sentence is limited to no more than twelve months confinement (or a lesser amount if the offenses have a lower maximum), forfeiture of two-third’s basic pay per month for six months, a bad-conduct discharge (for enlisted personnel), and certain lesser punishments. An officer accused in a special court-martial cannot be dismissed from the service or confined.
Describe a General Court Martial
General Court-Martial. A general court-martial is the most serious level of military courts. It consists of a military judge, trial counsel, defense counsel, and at least five court members. Again, an enlisted accused may request a court composed of at least one-third enlisted personnel. Unless the case is one in which the death sentence could be adjudged, an officer or enlisted accused may also request trial by judge alone. In a general court-martial, the maximum punishment is that established for each offense under the Manual for Courts-Martial, and may include death (for certain offenses), confinement, a dishonorable or bad-conduct discharge for enlisted personnel, a dismissal for officers, or a number of other lesser forms of punishment. A pretrial investigation under Article 32, UCMJ, must be conducted before a case may be referred to a general court-martial, unless waived by the accused.
