UCMJ Flashcards
1-5 of 10 Commandments of unlawful command influence:
- The commander may not order a subordinate to dispose of a case in a certain way
- The commander must not have an inflexible policy on disposition or punishment
- The commander, if accuser, may not refer the case
- The commander may neither select nor remove court members in order to obtain a particular result in a particular trial.
- No outside pressures may be placed on the judge or court members to arrive at a particular decision.
6-10 of 10 Commandments of unlawful command influence:
- Witnesses may not be intimidated of discouraged from testifying
- The court decides punishment. An accused may not be punished before trial
- Recognize that subordinates and staff may “commit” command influence that will be attributed to the commander, regardless of his knowledge or intentions.
- The commander may not have an inflexible attitude towards clemency.
- If a mistake is made, raise the issue immediately
4 PUNISHMENT options:
- No action/dismissal
- Nonpunitive/Adverse administrative action
- Nonjudicial Punishment (Article 15)
- Judicial action
5 examples of Nonpunitive/Adverse administrative action:
- Flag (once investigation is opened, suspend clearance)
- Letter of reprimand
- Bar to Reenlistment
- Relief for cause
- Administrative separation
4 examples of Nonjudicial Punishment (Article 15):
- Summarized
- Company-grade
- Field-grade
- Other decisions: Suspend punishment, filing determination, appellate action.
Why do we have Military Justice?
- Promote Justice
- Help maintain good order and discipline in the armed forces
- promote efficiency and effectiveness in the military
- strengthen national security (insider threat)
UCMJ Jurisdiction
(Over the Person)
- Active Duty and Reserve
- Military academy cadets and midshipman
- Guard in Federal Service
- Retirees
- EPOW
(Over the Offense)
- Worldwide jurisdiction
- possible concurrent jurisdiction
Commmon law crimes (UCMJ)
homicide rape larceny robbery assault and burglary
military crimes
- disrespect
- disobedience
- AWOL
- conduct unbecoming of an officer
- conduct prejudicial to good order and discipline
Rights of soldier under Article 15?
- right to remain silent
- right to counsel
- right to demand trial by court martial (not allowed for TCMJ)
- decision period
- right to call witnesses
- the hearing
- the right to appeal (to higher commander)
Only ___ soldiers may be reduced by courts-martial
enlisted
key to successful counseling of soldiers
- soldiers must understand commander’s expectations for future conduct
- oral counseling is not enough- get a record
- put it in writing and document misconduct/deficiency with specificity
- DA Form 4856- counseling form (include rehabilitative results and comments)
types of discharge
honorable- no misconduct, all benefits
general- minor misconduct, most benefits
other than honorable (requires board)
- more serious misconduct
- forfeits most benefits
bad conduct (not for TANG)
dishonorable (not for TANG)
types of inquiries and investigations
informal inquiry (Commander’s inquiry)
informal investigation under AR 15-6
Article 32 preliminary hearing
who can authorize a search and seizure?
Commander
military judge
military magistrate
