Military Law Flashcards
Manual for Courts-Martial (MCM, 2012 Ed.)
“The Manual”
-document that implements the UCMJ
referred to as either:
• “Rules for Courts-Martial” (RCM)
• “Military Rules of Evidence” (MRE)
• “Punitive Articles”
Jurisdiction
-applies to all active duty service members, anytime, anywhere
- also
applies to:
• Reservists on active duty, including drill weekends.
• Military retirees
What do punitive articles consist of?
Text of the article. • Elements of the offense • Explanation • Lesser included offenses • Maximum punishment • Sample specification(s)
Nonpunitive Measures
corrective measures/leadership
tools that are designed to overcome noted deficiencies in a unit or an individual and are
not imposed as a punishment
Extra Military Instruction (EMI)
EMI is not meant to be punishment. EMI measures
must:
• Logically relate to the deficiency.
• Serve a valid training purpose.
Nonpunitive Letter of Caution (NPLOC)
-a written censure that is
considered a personal matter between the individual receiving it and the superior
issuing it
-Censure is criticism of one’s conduct or performance of duty
Administrative Withholding of Privileges
A privilege is a benefit, advantage or favor
provided for the convenience or enjoyment of an individual
These may be withheld
Nonjudicial Punishment (NJP)
The lowest level of punitive measure, NJP is imposed
by commanding officers and officers-in-charge on members of their commands for minor offenses
Appeal of NJP
If punishment is awarded, the accused may appeal to the
next senior commander in his or her chain of command.
• Nonpunitive corrective measures cannot be
appealed.
• Referral to trial cannot be appealed.
Grounds for Appeal
There are only two grounds for appeal; the punishment
was:
• Unjust (i.e., the accused does not believe that there
was enough evidence to be found guilty, or.
• Disproportionate to the offense (i.e., the punishment
imposed was too harsh when compared to the
offense)
Appeal Procedures
- in writing
- timely (w/i 5 calendar days of the imposition of punishment)
- must still undergo the punishment imposed while awaiting action on the appeal
Appeal Authority
Can:
- approve the punishment
- set aside (remit)
- suspend
- change to lesser form (mitigate)
- CANNOT increase the punishment
Summary Court-Martial (SCM)
-the lowest, least severe form of court-martial
under the UCMJ
-Only enlisted personnel can be tried by SCM
SCM Maximum Punishments
• Confinement for one month
• Forfeiture of two-thirds (2/3) of one month’s pay for
a period of one month (based on pay of rank to
which reduced, if applicable)
• Reduction to the lowest enlisted pay grade (E-1)
If E-5 or higher
• Reduced more than one pay grade
• Confined
• Awarded hard labor without confinement
Special Court-Martial (SPCM) Maximum Punishments
- Confinement for 12 months.
- Forfeiture of two-thirds (2/3) base pay per month for 12 months.
- Reduction to the lowest enlisted grade (E-1).
- Bad conduct discharge (BCD).
General Court-Martial (GCM) Maximum Punishment
At a GCM, the maximum sentence is whatever is specified under Part IV, Manual for
Courts-Martial, for the offenses of which a Marine is found guilty. Possible punishments
include:
• Death.
• Punitive discharge:
o Bad Conduct Discharge (BCD) (for enlisted persons only).
o Dishonorable discharge (DD) (for enlisted persons only).
o Dismissal (this is the commissioned officer equivalent of a DD).
• Confinement (for both officers and enlisted persons).
• Reduction in rank (for enlisted persons only.
• Total forfeiture of all pay and allowances.
Article 31(b)
UCMJ Warnings – Apprehension – Search & Seizure
If attempting to waive rights, what three questions must be asked?
- Do you want a lawyer?
- Do you understand that if you should decide to
answer questions, you may stop answering
questions at any time? - Do you want to answer questions and make a
statement?
*each needs a verbal response
Requirements for
Admissibility of Evidence
• Relevant. Related to the issues being tried.
• Competent. Conform to the rules of evidence.
• Authentic. Shown to be what the party offering the
evidence claims it to be.
Types of Evidence
• Real. Physical, tangible item.
• Documentary. Written statement, logbook, ledger,
or other written record.
• Testimonial. The testimony of a witness in open
court.
