Military Justice Mamual .1G Flashcards
What is the purpose of jNonpunitive measures?
1-1
Commanding officers are authorized and expected to use administrative corrective measures to further the efficiency of their commands or units. These measures are not to be imposed as punishment. The Administrative corrective measures generally fall into three categories: extra military instruction, administrative withholding of privileges, and nonpunitive censure.
What are the 6 limits on EMI?
1-1
i. Must not be conducted for more than two hours per day.
ii. If assigned or approved by the commanding officer, may be conducted at a reasonable time outside normal working hours, however it must not be used to deprive a member of normal liberty to which the member is entitled.
iii. While its completion may incidentally delay the member’s liberty, a member that is otherwise entitled to liberty must commence normal liberty upon completion of EMI.
iv. Must not be conducted over a period that is longer than necessary to correct the performance deficiency for which it was assigned.
v. Must not be performed on the member’s Sabbath or other significant holy days of religious obligation (e.g. Good Friday, Yom Kippur, etc.).
vi. EMI is not normally considered appropriate for E-7 or above.
How long can EMI go for?
1-1
EMI should not normally be ordered for a period exceeding fourteen sessions and if not on consecutive days, to exceed one month
What are the three non punitive measures?
- EMI
- Administrative withholding of privileges
- Administrative censure (not normally for enlisted)
What is Administrative withholding of privileges?
1-2
A privilege is a benefit, advantage, or favor provided for the convenience or enjoyment of an individual. Examples of privileges that may be temporarily withheld as administrative corrective measures are: special liberty; scheduling of leave during a particular period (reasonable opportunity to take annual leave may not be denied); exchange of duty; participation in special command programs; access to base or ship libraries, movies, or enlisted or officers’ clubs; base parking; and base or ship special services events. It may also encompass the withholding of special pay as well as commissary and exchange privileges, provided such withholding complies with applicable rules and regulations, and is otherwise in accordance with law. Final authority to withhold a privilege rests with the level of authority empowered to grant the privilege unless properly delegated. Withholding of privileges may be done orally or in writing
what is the Nature of counseling?
1-3
Counseling is not a punitive measure. As such, counseling should not include formal aspects such as a green tablecloth, saluting, and reporting. Counseling must not be used as a way to punish a member, such as by embarrassing or verbally abusing the member in order to deter the member or others from conduct or performance problems.
Can the XPO impos NJP?
2-1
The power to impose NJP is inherent in the position and not in the individual. Any officer formally appointed to temporarily replace the commanding officer due to the absence of the assigned commanding officer because of death, incapacitation, illness, TAD assignment, relief for cause, or leave has the power of the assigned commanding officer to impose punishment. However, the maximum punishment that may be imposed by the NJP authority is limited by the rank of
is training required for those who can issue NJP?
2-2
those with authority to impose NJP must receive periodic training regarding the purpose and administration of the UCMJ. Periodic training will be valid from the time received until the trainee is no longer in a billet with authority to impose NJP or 3 years
-Boat Forces Command Cadre Course fulfills this requirement
What is Dual Adjunct?
2-4
Dual adjudication occurs when a member is subject to both state or foreign prosecution and NJP for offenses arising out of the same misconduct. This occurs most frequently when the member commits misconduct while on liberty or leave. State or foreign authorities may prosecute that member under state or foreign law, while the military also has jurisdiction to prosecute the member, as the UCMJ applies to active duty members at all times regardless of geographic location. Dual adjudication is not prohibited by law or regulation. However, as a matter of policy it is disfavored in the military. See RCM 201(d) Discussion.
Do you need to use a Report Of Offence 4910?
2-6
you may but it is not mandated
can the authority to initiate a command-level investigation can be delegated to the executive officer?
yes
What article mandates right advice?
2-8
Under Article 31(b), UCMJ, a military member suspected of an offense may not be questioned unless he or she is informed of the nature of the offense, advised that he or she does not have to make a statement, and informed that any statement made may be used as evidence. The PIO must advise the person named as the suspect of the investigation of his or her rights under Article 31(b), UCMJ, before asking that person any questions
What four way can the PIO recommend for disposition?
2-9
- closure
- NJP
- Court Martial
- Other admin Measure
What 5 options dose and OIC have after the completion of the investigation?
2-10
The commanding officer may take one of the following actions:
i. Take no action and thus close the case;
ii. Take administrative action (See Section 1.A);
iii. dispose of the offenses NJP;
iv. forward to a superior authority; or
v. consider trial by court-martial.
What is a mast Spokes person?
In lieu of a mast representative, the member may elect to be accompanied at mast by a spokesperson. A spokesperson is different from a mast representative and does not perform the same role at a mast. A spokesperson does not have to be a crewmember or even a member of the Coast Guard and may be an attorney retained by the member. At the sole discretion of the commanding officer, a member may be accompanied by an assigned mast representative in addition to the spokesperson
