Section 7 : Military Justice Flashcards

1
Q

Who may administer punishment under Article 15?

A

Any Commissioned officer or a Warrant Officer in command

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2
Q

Are there any Circumstances under which a NCO is Authorized to impose Non-Judical Punishment?

A

No

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3
Q

What is the Purpose of an Inspection?

A

To promote the health , welfare , and safety of the Personnel in the Unit

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4
Q

What are the Three Types of Courts-Martial?

A
  • Summary
  • Special
  • General
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5
Q

What article in the Uniform Code of Military Justice ( UCMJ ) prohibits self-incrimination

A

Article 31

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6
Q

What is the Highest Military Court?

A

The Court Of Military Appeals

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7
Q

When given a Summarized Article 15, what rights dies a service member have?

A
  • Right To a hearing
  • Right To call Witnesses
  • Right To Appeal
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8
Q

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?

A

When the service member is aboard a ship

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9
Q

Sometimes it is necessary to administer Non-Judical Punishment to service members. What should you do before restoring to these measures?

A

It is important to attempt to correct and reform service members through counseling and corrective training.

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10
Q

What are the purposes of Non-Judical Punishment under Article-15?

A
  • 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
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11
Q

Sometimes it is necessary to administer non-judicial punishment to service members. What should you do before resorting to these measures?

A

It is important to attempt to correct and reform service members through counseling and corrective training.

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12
Q

What punishments can be given under a summarized Article 15?

A
  • 14 Days Restriction
  • 14 Days Extra Duty
  • Written Reprimand
  • Oral Reprimand
  • Oral Admonishment
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13
Q

If given a Summarized Article 15, does the service member have the right to consult a lawyer?

A

No

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14
Q

Which Article in UCMJ gives NCO his/her Authority?

A

Article 91

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15
Q

What is the Maximum number of days a service member may wait before registering an appeal concerning punishment under an Article 51?

A

Five Calendar Days

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16
Q

When A Service Member is reduced under Article 15, What is the effective date of reduction?

A

The date the commander imposed punishment

17
Q

Who may act on an Appeal on an Article 15?

A

The next higher Commander in the Chain of Command

18
Q

Is A Reprimand an Authorized Punishment under Article 15?

A

Yes

19
Q

For How Long can an Article 15 be displayed on the Unit Bulletin Board?

A

Seven Days

20
Q

What is the purpose of the UCMJ?

A
  • Promote good order
  • Promotes Good Discipline
  • Provides a Basis for the Administration of Justice for the Armed Forces
21
Q

Under what presidential administration was the UCMJ signed into law?

A

President Harry S. Truman, 1950

22
Q

What is Article 86 of the UCMJ?

A

Absent without Leave (AWOL)

23
Q

What is Article 91 of the UCMJ?

A

Insubordinate conduct toward a warrant officer, NCO or Petty Officer.

24
Q

Which Article on the UCMJ covers Desertion?

A

Article 85

25
Q

Which Article of the UCMJ covers disrespect toward superior Commissioned Officers?

A

Article 89

26
Q

Which Article of the UCMJ covers failure to obey order or regulation?

A

Article 92

27
Q

Which Article of the UCMJ covers drunken or reckless driving?

A

Article 111

28
Q

Which Article of the UCMJ covers drunk on Duty?

A

Article 112

29
Q

The General Article of the UCMJ Covers all disorders or neglects that affect good order and discipline. Which Article is the General Article?

A

Article 134

30
Q

If you are being held liable in a Report of Survey, Can you Seek legal Counsel?

A

Yes

31
Q

What are the rights of the accused at any preliminary investigation?

A
  • 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
32
Q

Who is the General Court Martial Convening Authority for US Southern Command?

A

The Commander

33
Q

What can pretrial constraint consist of?

A
  • Condidtions On Liberty
  • Arrest
  • Restrictions in Life of Arrest
  • Confinement
34
Q

What are four powers a commander may under exercise in rehabilitation under Article 15?

A
  • Suspension
  • Remission
  • Mitigation
  • Set Aside
35
Q

What is the verdict of a courts-martial called?

A

Findings

36
Q

The UCMJ Applies to whom?

A
  • 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.