Punitive Actions Flashcards
What is the military equivalent of civilian arrest?
Apprehension
What are the four types of restraint?
Conditions on liberty, restrictions in lieu of arrest, arrest and confinement.
What directs a person to do or refrain from doing certain actions?
Conditions on liberty.
What do restrictions in lieu of arrest entail?
Less severe than arrest, restriction confines the offender to broader geographic areas. It usually allows the performance of full military duties.
What does arrest mean?
Arrest means limiting a persons liberty, it is a moral restraint requiring the person to stay within specified limits.
What is a type of physical restraint?
Confinement
Who provides training to search and seizure magistrates?
The Staff Judge Advocate
How long do you have to decide whether to accept a NJP or not?
3 duty days after being served the AF Form 3070 A/B/C record of Nonjudicial Punishment proceedings.
How long do you have to submit an appeal after a NJP if you consider the punishment unjust or disproportionate to the offense?
5 Calendar days
How should you submit an appeal to a NJP?
in writing, oral statements are not acceptable
What actions does an appellate authority have with regards to a NJP?
Deny all relief, grant partial relief or grant all relief.
What does remission mean in regards to a punishment?
It cancels any unexecuted portion of a punishment
What does mitigation mean in regards to a punishment?
Mitigations lessens a punishment to a less severe form or it’s duration
What does set aside mean in regards to a punishment?
It cancels all executed or unexecuted forms of a punishment and restores all property, rights or privileges affected by that form of punishment.
What does suspending punishment entail?
taking a punishment away for a specific probationary period (no more than 6 months). it is recommended for first time offenders.
What is the verdict called in a Court Martial?
The findings
What does a guilty verdict require?
2/3s concurrence, 3/4 for confinement longer than 10 years, and complete concurrence by a 12 member panel for the death penalty
Under an article 15 what is the maximum number of days restriction or extra duty imposed by a Lieutenant or Captain?
14
Under an article 15 what is the maximum number of days restriction or extra duty imposed by a Major or above?
45 days extra duty, 60 days restriction
What is the maximum amount of days correctional confinement can be imposed by a Captain or Lt under an article 15?
7
What is the maximum amount of days correctional confinement can be imposed by a Major or above under an Article 15?
30
Who can Lieutenants and Captains reduce by one grade?
AB-SSgt
Majors and above can reduce who to the rank of AB?
SrA and below
