Punitive Actions Flashcards
Effective __ is the most desirable means of maintaining standards.
Leadership
One purpose of military law is to promote justice. Name the other 3 purposes.
- help maintain good order and discipline
- promote efficiency and effectiveness
- strengthen national security
Name the 4 pillars of military law.
- US Constitution
- UCMJ
- Manual for Court Martial
- precedents
President Truman created the Manual for Courts Martial (MCM) in 1951. What does it provide?
- standardized forms
- rules for evidence, procedure and maximum punishments
- military law guidance for commanders and judge advocates
How often is the Manual for Courts-Martial (MCM( revised?
annually
The UCMJ provides a military attorney to the accused prior to what actions?
summary
special & general court martial
article 32 preliminary hearings
article 15 process
When is a non-law enforcement NCO allowed to apprehend an officer?
- under specific orders from an officer
- to prevent disgrace to the service
- to prevent a serious offense or the escape of someone who committed one
Name 4 kinds of pretrial restraint.
conditions on liberty
restrictions in lieu of arrest
arrest
confinement
In the Armed Forces, is arrest a physical or moral restraint?
Moral (It directs a person to remain within specified limits, but doesn’t physically retrain them)
Who can authorize a search and seizure over anyone subject to military law or anywhere on the installation?
commanders
military judges
installation commanders
magistrates
Nonjudicial Punishment (NJP) is authorized under Article __ of them UCMJ.
Article 15
An Article 15 cannot be imposed upon a member who demands trail by court-martial. T/F
True ( A commander should not offer an Article 15 unless he or she is prepared to proceed with court-martial charges.)
Reduction in grade is one type of permissible Nonjudicial Punishment on enlisted members. List the other 6
- additional restrictions
- correctional custody
- forfeiture of pay
- reprimand
- restriction
- extra duties
What is the Article 15 maximum number of days restriction or extra duties imposed by a Lt or Cpt? By a major or above
14 days for a Lt or Capt
45 days extra duties and 60 days restriction for a Maj or above
Commanders have the power to suspend, ____, or mitigate punishment of an Article 15.
Remit