RCMs: Jurisdiction Flashcards
Can a court-martial adjudge civil remedies?
No
Where does the UCMJ apply?
Everywhere
Can a court-martial in Hawaii hear a case about events that took place in Quantico, Va? Why?
Yes, because courts-martial have personal jurisdiction over all military members because they are not standing courts. Therefore, the place of the offense has no impact on what court-martial can hear the case.
Does the judgment of a court-martial that is found to have no jurisdiction have any legal effect?
No
When does jeopardy attach in both judge-alone and members courts-martial?
Judge Alone: when the presentation of evidence has begun.
Members: when the members are impaneled.
Can a servicemember be tried by both a court-martial and a state court for the same offense?
Constitutionally, yes. As a matter of policy, the Marine Corps typically does not, but it can.
A commander of a joint force may convene courts-martial for which branches of the service?
All of the branches which serve in the joint force.
When can an accused of one branch be tried by a court-martial convened by a member of another branch of the service?
When the court-martial is convened by an authorized convening authority; and
Delivery of the accused to their branch of service would cause manifest injury to the armed services.
If a member of one service is tried by a court-martial convened by a member of another branch of service, and the delivery of the accused to their respective branch would not cause manifest injury to the armed forces, is the result of the court-martial given legal effect?
Yes. Failing to abide by the policy above does not impact the legal validity of the court-martial results.
Can an Air Force judge be detailed to a court-martial where the prosecutor is a soldier, the defense counsel is a Marine and the accused is a sailor?
Yes. There are is no requirement that personnel of a court-martial all be in the same branch.
Does “manifest injury” mean minor inconvenience?
No
A court-martial is convened for two co-accused. One of the accused is a Marine. The other is a soldier. Can they be tried together in a common trial?
No
What offenses under the UCMJ can be tried at a GCM?
Any offense.
When can the death penalty be adjudged?
When the death penalty is specifically authorized for the offense charged; and
The case has been referred with an instruction that the case is to be tried as capital.
When can a judge-alone GCM try a person for an offense for which the authorized punishment includes death?
Only when the case has been referred with an instruction that it is not being tried as capital.
For what offenses can an accused be tried at a special court-martial?
Any offense for which death is not an authorized punishment, regardless of whether the case is to be tried as capital.
What are the limitations on punishments at a special court-martial?
A SPCM cannot adjudge:
Death;
Dishonorable discharge;
Dismissal of officers;
Confinement for more than one year;
Hard labor without confinement for more than 3 months;
Forfeiture of pay exceeding two-thirds per month; or
Any forfeiture of pay for more than one year.
What is a “short-martial?”
A judge-alone court-martial convened under Art. 16(c)(2)(A) that the accused cannot refuse.
What are the limits on punishment for a short-martial?
Short-martials cannot adjudge:
A bad conduct discharge;
Confinement for more than six months; or
Forfeiture of pay for more than six months.
When must a case be referred to a General Court-Martial and not a Special Court-Martial?
When the offense is capital and has a mandatory minimum punishment that exceeds the punishment that a special court-martial can adjudge; or
When the offense is Art. 120, 120(a), 120(b), 120b(a) or 120b(b) or attempts to commit those offenses under Art. 80.
Can a capital offense be referred to a special court-martial?
Yes, so long as it is not being tried as capital.
When can a not be referred to a Short-Martial?
When the accused objects before the arraignment and the military judge finds that:
The max authorized punishment would be greater than two years if it were tried at a GCM (except wrongful use/possession offenses/attempts to commit those offenses); or
The specification alleges offenses for which sex offender registration would be required.
When does first become subject to the UCMJ?
When a person first enlists.
When does a person change from a civilian to a member of the armed forces?
When they take the oath of enlistment.
When does court-martial jurisdiction terminate?
When the person receives their discharge certificate or its equivalent.
What is “legal hold?”
Holding a member of the armed forces in active duty status past their end-of-active service date. The effect of RCM 202 (see discussion.)
When can a person be put on legal hold?
If they are being held over with a view to trial; and
It is before their discharge date.
A sailor is on terminal leave at his home before he EASs from the Navy. Is he still subject to court-martial jurisdiction?
Yes. Terminal leave is simply saved up leave that the person uses in lieu of selling it back to the military. It is granted at the discretion of the command. Therefore, you are still active duty when on terminal leave.
What RCM governs legal hold?
RCM 202(c).
A person can only be placed on legal hold for what reason?
When action with a view to trial is taken.
How long does court-martial jurisdiction last?
For all purposes of trial, sentence and punishment.
Does the UCMJ apply to prisoners in the custody of the armed services and who is serving a sentence imposed by a court-martial?
Yes
Can a prisoner who is in the custody of the military, is serving a sentence imposed by a court-martial, and who received a discharge be tried by a court-martial for an offense committed after the receipt of their discharge?
Yes
A Marine deserts from the military and lives as a civilian for 40 years. Are they still subject to court-martial jurisdiction?
Yes
