Military Law Flashcards
See Article 15, UCMJ; QUICKMAN, Page 40; JAGMAN 0106-0108
* Only a CO or OIC over the accused has the authority to award nonjudicial punishment.
Describe the types of separations
Describe the forms of punishment for violations of the UCMJ
What are the punitive articles of the UCMJ?
What are the different types of courts-martial?
Describe the military justice system
What is the purpose of Non-Judicial Punishment?
What are the punishments available for the appropriate level NJP?
How do you to advise a suspect of Article 31 Rights?
See Quickman: Page 16
* No person (government agent) may compel any person to incriminate themselves
* Required when you suspect a servicemember of committing an offense punishable under the UCMJ and you are going to ask them questions about it
* If the servicemember remains silent or asks for a lawyer, the command must not ask any questions
If the servicemember later changes their mind, the command must do a cleansing warning.
What are the differences between Page 11 and “6105” entries?
What personnel are subject to the UCMJ?
What personnel are responsible for enforcing the UCMJ?
What are the different types of discharges?
What does the term punitive article mean?
What is the reference to determine the type of offenses?
What are the different punishments awarded at non-judicial proceedings?
What are the different punishments awarded at judicial proceedings?
What are the different courts-martial convening authorities?
Define probable cause
Probable cause is a reasonable belief a crime has been committed and that evidence of the crime will be located at the place to be searched or in the documents requested via investigative subpoena. The reasonable belief must be supported by facts and information must be reliable and credible.
NOTE: You want to better understand time, space, legitimacy of allegations
Describe Article 31, Rights of the Accused
See §831 Art. 31. Compulsory self-incrimination prohibited
1. You are suspected of an offense
2. You do not have to make any statement
3. If you make a statement it can be used against you
What is the right to refuse NJP?
- Servicemembers may refuse NJP, except those servicemembers embarked on a vessel
- A servicemember has the right to refuse NJP at any time prior to the punishment being announced—even during the proceeding, as long as it’s prior to the announcement
Who can authorize a search?
Only a CO or OIC can issue a search authorization and it must be based on the probable cause determination. No one else in the chain of command can act for the CO or OIC unless they are officially “acting” as the CO or OIC
Who can conduct a search?
Any commissioned officer, warrant officer, petty officer, noncommissioned officer, and when in execution of guard or police duties, any criminal investigator, member of the Air Force security forces, military police, or shore patrol, or individual designated by proper authority to perform guard or police duties, or any agent of such person, may seize property pursuant to this rule.
NOTE: Probably to become a witness against a Marine directly under your charge
Can you authorize the search of an off-base house?
CO or OIC may not authorize a search of an off-base property in the United States. CO or OIC must work with NCIS to obtain civilian authority to conduct an off-base search (NOTE: CO or OIC may have jurisdiction to authorize a search in Public/Private Venture Housing)
Where can you conduct a serach on base?
Yes, but the search must be based on probable cause. “will be located at the place to be searched or in the documents requested via investigative subpoena”
Can/should you order a health and comfort inspection?
No. If you’re searching for evidence, DO NOT order or conduct inspection in an area where evidence may be located.
* Primary purpose of health and comfort inspection (1) security, (2) military fitness, (3) good order and discipline, or (4) readiness
* Factors. Was it previously scheduled? What it targeted at specific individuals?
Where can you find non-punitive measures?
Non-Punitive Measures (QUICKMAN Page 37) (JAGMAN 0102-0105)
What EMI can you reccomend?
- Needs to be logically related to the issue or offense and assigned no longer than necessary. Can’t have the Marine fill sandbags for throwing trash outside of their window.
- EMI should not be assigned on a service member’s religious day of observance
- While EMI during normal working hours can be issued by any superior authority, EMI outside working hours may only be authorized by commanders or officers in charge
- Delegation of authority to issue EMI after working hours must be in writing
- Ensure there is a mechanism in place for commanders to know which service members are receiving EMI, and for how long EMI has been assigned
