Section 7 : Military Justice Flashcards
Who may administer punishment under Article 15?
Any Commissioned officer or a Warrant Officer in command
Are there any Circumstances under which a NCO is Authorized to impose Non-Judical Punishment?
No
What is the Purpose of an Inspection?
To promote the health , welfare , and safety of the Personnel in the Unit
What are the Three Types of Courts-Martial?
- Summary
- Special
- General
What article in the Uniform Code of Military Justice ( UCMJ ) prohibits self-incrimination
Article 31
What is the Highest Military Court?
The Court Of Military Appeals
When given a Summarized Article 15, what rights dies a service member have?
- Right To a hearing
- Right To call Witnesses
- Right To Appeal
What is the one circumstance in which a service member does not have the right to refuse an article 15 and Demand trial by Court-Martial instead?
When the service member is aboard a ship
Sometimes it is necessary to administer Non-Judical Punishment to service members. What should you do before restoring to these measures?
It is important to attempt to correct and reform service members through counseling and corrective training.
What are the purposes of Non-Judical Punishment under Article-15?
- To correct and reform service members
- To Preserve an Offender’s record of service
- To Dispose of minor infractions in a manner requiring less time and personnel than a trial by court-martial
Sometimes it is necessary to administer non-judicial punishment to service members. What should you do before resorting to these measures?
It is important to attempt to correct and reform service members through counseling and corrective training.
What punishments can be given under a summarized Article 15?
- 14 Days Restriction
- 14 Days Extra Duty
- Written Reprimand
- Oral Reprimand
- Oral Admonishment
If given a Summarized Article 15, does the service member have the right to consult a lawyer?
No
Which Article in UCMJ gives NCO his/her Authority?
Article 91
What is the Maximum number of days a service member may wait before registering an appeal concerning punishment under an Article 51?
Five Calendar Days
When A Service Member is reduced under Article 15, What is the effective date of reduction?
The date the commander imposed punishment
Who may act on an Appeal on an Article 15?
The next higher Commander in the Chain of Command
Is A Reprimand an Authorized Punishment under Article 15?
Yes
For How Long can an Article 15 be displayed on the Unit Bulletin Board?
Seven Days
What is the purpose of the UCMJ?
- Promote good order
- Promotes Good Discipline
- Provides a Basis for the Administration of Justice for the Armed Forces
Under what presidential administration was the UCMJ signed into law?
President Harry S. Truman, 1950
What is Article 86 of the UCMJ?
Absent without Leave (AWOL)
What is Article 91 of the UCMJ?
Insubordinate conduct toward a warrant officer, NCO or Petty Officer.
Which Article on the UCMJ covers Desertion?
Article 85
Which Article of the UCMJ covers disrespect toward superior Commissioned Officers?
Article 89
Which Article of the UCMJ covers failure to obey order or regulation?
Article 92
Which Article of the UCMJ covers drunken or reckless driving?
Article 111
Which Article of the UCMJ covers drunk on Duty?
Article 112
The General Article of the UCMJ Covers all disorders or neglects that affect good order and discipline. Which Article is the General Article?
Article 134
If you are being held liable in a Report of Survey, Can you Seek legal Counsel?
Yes
What are the rights of the accused at any preliminary investigation?
- Purpose of the investigation
- Right Against Self-Incrimination
- Charges under Investigation
- Identity of the Accuser
- Witnesses and Other Evidence
- Present Throughout the taking of Evidence
- Represented by Counsel
- Able to cross-examine witnesses
- Anything in Defense
- Make A Statement in any form
Who is the General Court Martial Convening Authority for US Southern Command?
The Commander
What can pretrial constraint consist of?
- Condidtions On Liberty
- Arrest
- Restrictions in Life of Arrest
- Confinement
What are four powers a commander may under exercise in rehabilitation under Article 15?
- Suspension
- Remission
- Mitigation
- Set Aside
What is the verdict of a courts-martial called?
Findings
The UCMJ Applies to whom?
- Members of the regular or reserve component of the armed forces
- Members of a reserve component while on inactive duty training
- Members of the National Guard on when Federalized
- Members of the Fleet Reserve
- In time of war, all persons accompanying an Armed Force in the Field
- Volunteers from the time of their muster of acceptance into the Armed Forces
- Cadets, Aviation Cadets, and Midshipmen
- Retired embers of a regular component who are entitled to pay
- Retired members of a reserve component who are receiving hospitalization from armed forces.