Volume 4 Flashcards
What does the term “jurisdiction” mean?
The power to hear a case and to render a legally competent decision.
Could James Smith be court-martialed for an offense committed subsequent to his discharge? Explain.
Yes, if he committed additional offenses while in military custody for fraudulently obtaining a discharge
What factor establishes the court-martial jurisdiction over the accused?
Jurisdiction depends solely on the accused’s status as a member of the armed forces.
Technical sergeant (TSgt) Carlin committed an assault upon Mr. Alvin Redman, a civilian, while off base. Can TSgt Carlin be tried by court martial? Explain.
Yes, as long as TSgt Carlin was subject to the UCMJ at the time of the offense and at the time of trial.
Is it possible for the AF and civil courts to try an individual for the same offense? Explain.
Yes, if the offense constituted a crime under the UCMJ and civil statutes, and the ends of justice could be met in no other way
How may the statute of limitations be tolled?
By the charges being received by the officer exercising SCM jurisdiction within the specific time period.
Under Article 2, UCMJ, as a result of the NDAA f/ FY 1987, when does the AF exercise court-martial jurisdiction over AFR and Air National Guard personnel?
When reservists are serving on active duty or IDT and
when Air National Guard members are serving in federal status.
Can a reservist be tried for an offense committed on IDT that has terminated? Explain.
Yes, as long as the alleged offense was committed during the period of active duty or IDT and the reservist’s military status has not been completely terminated after the commission of the offense.
Who can order a reservist to active duty for court-martial purposes when the reservist is performing duties at a reserve unit?
The supporting active duty GCMCA in accordance with the applicable host-tenant support agreement.
If a reservist is to be tried by GCM or SPCM, when must he or she return to active duty?
Prior to arraignment at the trial
How do the procedures for conducting an SCM for a reservist differ from those of a special or general court-martial?
A reservist can be tried by an SCM while on active or IDT but must be on active duty status when being tried by a special or general court-martial.
When may a member of an armed force be tried by a court-martial convened by a member of another armed force?
When that member is serving as a member of a unified or specified combatant command.
The findings in the President’s Task Force on Victims led to the passage of what three acts?
VWPA of 1982, the VOCA of 1984, and the VRRA of 1990. (WOR)
What are the six key components of the VWPA of 1982?
(1) Victims receive prompt social and medical services.
(2) Victims are notified of important criminal justice proceedings and scheduling changes.
(3) The prosecution can obtain views of victims of serious crimes for plea bargaining and pretrial release.
(4) Encourage employers to continue to pay victims and witnesses for work absences to assist investigations and prosecutions.
(5) Training law enforcement personnel in victim assistance.
(6) Informing victims or witnesses on legal steps for protection from intimidation.
Which act created the Crime Victims Fund?
The VOCA of 1984.
What criteria must victims of crimes meet to be entitled to compensation from the Crime Victims Fund?
Be innocent of wrongdoing;
report the crime promptly to the police;
cooperate with the criminal justice system, and
submit a timely application through the state victims’ compensation agency.
What was the first legislation that contained a listing of rights for victims of crimes?
VRRA of 1990.
Under the VRRA of 1990, what are the rights for victims of crimes?
(1) To be treated with fairness and with respect for the victim’s dignity and privacy.
(2) To be reasonably protected from the accused or suspect.
(3) Be notified of court-martial proceedings.
(4) Be present at all public court-martial proceedings, unless the military judge determines the victim’s testimony would be materially affected if the victim heard other testimony.
(5) Confer with trial counsel in the case.
(6) Information about the accused’s conviction, sentencing, imprisonment, and release.
(7) Appropriate restitution or compensation.
What are the objectives of the VWAP?
(1) Mitigate the physical, psychological, and financial hardships suffered by victims and witnesses of offenses investigated by AF authorities.
(2) Foster cooperation of victims and witnesses within the military criminal justice system.
(3) Ensure best efforts are made to give to victims of crime certain enumerated rights.
Who is designated the LRO at installation level? To whom is this responsibility normally delegated?
Each installation commander; the SJA.
When does AF VWAP normally apply?
In all cases in which criminal conduct adversely affects victims or in which witnesses provide information regarding criminal activity if any portion of the investigation is conducted primarily by the DOD components.
Who is responsible for providing the victim with a victim information packet?
Victim liaison.
What form does law enforcement and investigative person provide to victims and witnesses at the earliest opportunity after identification of a victim/witness of a crime?
DD Form 2701, Initial Information for Victims and Witnesses of Crime
What is the purpose of the DD Form 2704, Victim/Witness Certification and Election Concerning Prisoner Status?
In cases where the accused is sentenced to confinement, the victim/witness uses this form to indicate whether or not to exercise the right to be notified when the inmate is moved to a new facility, to receive prior notice of parole hearings, and to receive notice of accused’s release from confinement.
What is transitional compensation?
Monthly payments and other benefits for dependents of members who are separated for dependent abuse.
What criteria must be met to receive transitional compensation under 10 U.S.C. § 1059?
Individuals must be dependents of members of the Armed Forces who have been on active duty for more than 30 days and who after 29 November 1993 are separated from active duty under a court-martial sentence resulting from a dependent-abuse offense, administratively separated from active duty if the basis for separation includes a dependent-abuse offense, or sentenced to forfeiture of all pay and allowances by a court-martial which has convicted the member of a dependent-abuse offense
What situations would require transitional compensation to terminate?
When a spouse remarries, if the member lives in the same house as the spouse or dependent child to whom compensation is payable, or if the victim was a dependent child and the installation commander finds the spouse actively participated in the conduct constituting the criminal offense or actively aided or abetted the member in such conduct against the dependent child.
What conditions must be met for a former or legally separated spouse to receive compensation under the Uniformed Services Former Spouse Protection Act?
The member had 20-plus years of active service.
When must legal offices submit reports on victim and witness assistance to their MAJCOM?
By 15 February each year.
What does placing a member on administrative hold ensure?
His or her presence at trial and prevents PCS, retirement, or separation
Which AFI lists assignment availability codes needed to place a member on administrative hold?
AFI 36–2110, Total Force Assignments.
Once an administrative hold memorandum is signed, where is a copy sent to ensure the member is placed on hold?
Send the letter to the MPS.
Define conditions on liberty, arrest, restriction, and PTC.
Conditions on liberty—orders by a commander to an individual to do or refrain from doing specified acts.
Arrest—the restraint of a person by oral or written order not imposed as punishment, directing the person to remain within specified limits.
Restriction—a moral rather than a physical restraint of an accused. Unlike arrest, the person will perform full military duties and activities while restricted.
PTC—a physical restraint imposed by order of competent authority, depriving a person of freedom pending the disposition of charges.
Who may impose pretrial restraint?
Only a commanding officer to whose authority the individual is subject may order a civilian or commissioned and warrant officers into pretrial restraint. Any commissioned officer may order pretrial restraint of an enlisted person.
What must first be determined before a person may be ordered into restraint before trial?
Probable cause.
How is pretrial restraint, other than PTC, imposed on a person?
By notifying the person either orally or in writing of the restraint, including the terms and limitations
What information must a person placed in PTC be informed of?
The nature of the offenses for which held, the right to remain silent and that any statement made by the person may be used against him or her, the right to retain civilian counsel at no expense to the United States and the right to request assignment of military counsel, and the procedures by which PTC will be reviewed.
What is the first notification that must take place in the PTC review process?
Unless the commander of the prisoner ordered the PTC, the confinement facility will, within 24 hours after commitment, inform the member’s immediate commander the name of the prisoner, the offenses charged against the prisoner, and the name of the person who ordered or authorized confinement.
When must the member’s commander decide whether to continue PTC?
No later than 72 hours after the commander orders a military member into PTC or after receipt of a report
that a member of the commander’s unit has been confined.
Regarding PTC, What is the next step after the member’s commander completes his or her review memorandum?
The memorandum is forwarded to the PCRO through the SJA and SPCMCA.
When must the PCRO make the determination whether to continue PTC?
Within seven days of the imposition of PTC under military control.
When must the PCRO complete their memorandum? What must it contain?
Within 24 hours of making the PTC decision. It must outline the findings and conclusion on which the decision was based.
Within how many days from preferral of charges or imposition of restraint should a person be brought to trial or risk dismissal of the charges if a delay is not approved in advance?
120 days.
Who has the authority to apprehend persons subject to the UCMJ? What rule governs this?
All commissioned officers, warrant officers, petty officers, NCOs, and military law enforcement officials. R.C.M. 302.
When probable cause exists to apprehend, what is the first thing you should do when apprehending that person?
Clearly notify the person being apprehended that he or she is in custody.
What causes a preliminary inquiry?
A report or complaint.
What is the difference between an “authorization to search” and a “search warrant”?
An “authorization for search” is express permission, written or oral, issued by a competent military authority to search a person or an area for specified property or evidence or for a specific person and to seize such property, evidence, or person.
A “search warrant” is express permission to search and seize issued by competent civilian authority
What may probable cause determinations for searches be based on?
Written statements, oral statements (made in person or via telephone, including hearsay), or information is known by the person authorizing the search as long as it does not impugn his or her impartiality.
When does probable cause to seize property or evidence exist?
When there is a reasonable belief the property or evidence is an unlawful weapon, contraband, or evidence of a crime or might be used to resist apprehension or to escape.
What is a chronology?
The arrangement of events in order of occurrence.
If during the scope of the investigation additional information is discovered that could reveal additional misconduct what should you do?
Consult with your attorney immediately to see if the scope of the investigation should be expanded.
What are the two types of evidence from which members may find the truth as to the facts of a case?
Direct and circumstantial.
What type of evidence is discovered as a result of illegally obtained evidence and is therefore inadmissible because of the primary taint?
Derivative.
What form is used to record a detailed description of all evidence and to maintain a complete chain of custody accounting of all personnel who handled the evidence?
AF Form 52, Evidence Tag.
What is the chain of custody?
The movement and location of real evidence, and the history of those persons who had it in their custody, from the time it is obtained to the time it is presented in court.
In cases where an ROI is published, within how many days of the date of discovery of the offense should an ROI be completed for a GCM and for a SPCM?
75 days for a GCM and 30 days for a SPCM.
Who typically acts as the custodian for all ROIs?
NCOIC, military justice.
When does involuntary self-incrimination occur?
When the admission is not the product of the accused’s informed free choice and cannot be used against the accused in most cases.
What rule affords members the right to consult with counsel prior to an interrogation?
M.R.E. 305.
What are the three specific reasons why you interview a witness?
Verify or corroborate previously learned information; identify any additional witnesses; and discover details of offenses committed but not previously known.
During a witness interview, what affects the quality of the information you receive?
The witness’ ability to recall correctly and relay facts accurately.
List the reasons why a witness/victim may be reluctant to talk.
Fear of involvement, inconvenience, resentment, and personality conflicts between the interviewee and interviewer.
When conducting an interview of a witness (rather than a victim, complainant, or suspect), what should the witness be able to tell you concerning the incident?
Who committed the offense, how it was committed, or when it was committed.
What should you do prior to conducting a witness interview?
Prepare for the interview by becoming familiar with the case, researching the background of the interviewee, and determining what information will be sought.
When should you plan to conduct the interview session?
As far in advance as possible
What is the first step in conducting an interview?
Establish rapport.
List three common approaches you may use during an interview.
Direct, indirect, and alternating
When can the prosecution compel a civilian witness to testify?
After referral of charges, only then does the prosecution have subpoena authority.
What is the final step in the interview process? What does it involve?
Closing the interview. Review the information and clarify any points that are in contradiction to previously obtained information or are just unclear or vague, display appreciation for the cooperation of the interviewee, provide the interviewee one last opportunity to provide information about matters that have not been specifically covered, and provide your contact information.
What kind of identifying material must a statement contain about the witness?
Full name, SSN, permanent and temporary addresses, work and home telephone numbers, and his or her future availability.
What standard is used to “test” evidence during the legal review for sufficiency of evidence?
The test for legal sufficiency of the evidence is whether, when considering the evidence in the light most favorable to the prosecution, a reasonable factfinder could have found all the essential elements beyond a reasonable doubt.
What type of guidance is provided by the M.R.E.?
On evidentiary rules applicable in a court-martial.
Into what five parts does the MCM divide the punitive articles (77 through 134)?
(1) Text of the statute;
(2) elements of the offense;
(3) an explanation;
(4) maximum permissible
punishments; and
(5) sample specifications.
If three of four elements of an offense are met, can the accused be charged with that offense?
Explain.
No. All elements of the offense must be met before the accused can be charged for violating the offense.
What task must you accomplish before choosing the punitive article(s) you believe a member
may have committed?
You must read through all the evidence.
After you narrow down the punitive article(s) by reviewing the information in the MCM, Appendix 2, Subchapter X, what is your next step in determining the appropriate punitive article to charge?
Go to Part IV of the MCM to check the evidence against the elements of the offense.
What is the purpose of a proof analysis?
It provides a brief summary of key issues relating to pending court action.
What information should be in the proof analysis?
(1) Charge(s) and specification(s).
(2) LIOs.
(3) Maximum punishment.
(4) Elements to the charge.
(5) Evidence to prove each element.
(6) Any information regarding potential defenses.
(7) Any notes of potential evidentiary problems.
What is the first step in preparing a proof analysis?
List the charge and the elements to the charge the accused has violated.
Why do you refer to the Military Judges’ Benchbook if the elements of the specification differ from those in the MCM?
This is the book the judge will use during court proceedings.
What basic questions regarding evidence do you need to consider before trial?
What evidence will your team present at trial? Is the evidence supporting the case in chief or for use in rebuttal? Who is the custodian of the evidence? How do you get it to trial? Consider the need for certified copies, sealed evidence, and so forth, and chain of custody issues. Evidence storage in lengthy trials? How will you return the evidence to the investigative agency post-trial?
Who has the primary responsibility for evidence strategy?
Trial counsel.
State the purpose of NJP.
Article 15, UCMJ provides commanders with an essential and prompt way of disposing of minor disciplinary infractions.
What are the factors that determine if an offense is “minor”?
Nature of the offense; circumstances surrounding its commission; age, rank, duty assignment, record, and experience of the offender; and the maximum sentence imposable if tried by a GCM.
Who has the final authority on whether or not to impose NJP?
The commander bears sole responsibility for the final decision.
What proof should be considered before initiating action under Article 15, UCMJ?
While no specific standard of proof applies to NJP proceedings, including appeals, commanders should recognize a member is entitled to demand trial by court-martial, in which case proof beyond a reasonable doubt of each element of every offense by legal and competent evidence is a prerequisite to conviction. Whether such proof is available should be considered before initiating action under Article 15, UCMJ.
What document must be published before a successor can have NJP jurisdiction in the temporary absence of the commander?
Before a successor in command can assume NJP jurisdiction, an assumption of command order (also known as G-series orders, AF Form 35) must be published.
When a commander is a victim of a crime in a personal capacity, to whom is the report of incident submitted?
The commander who is the victim of the crime should forward the report of the incident to the next higher
commander.
What officers may delegate their NJP powers to principal assistants?
A commander who is a general officer or a GCMCA may delegate his or her NJP powers to a principal assistant.
If a GCMCA commander withholds NJP authority from a base commander, what office keeps the original withholding document, and what office keeps a copy?
The original letter or directive is filed in the office of the SJA servicing the commander withholding the authority. A copy must be filed in the SJA’s office servicing the commander whose authority has been
withheld.
To ensure the timely administration of military justice, when should a commander offer NJP?
Commanders should offer NJP within 21 days of the date of discovery of the offense, or be able to explain why this was not appropriate.
How soon should the SJA review be completed after discovering the commission of an offense by a member?
Commanders must complete 80 percent of all NJP actions (date of discovery through servicing SJA review date) within 39 days.
Upon receipt of all evidence, what is the first thing you should do?
Review the evidence and compare it to the elements listed under the particular article of the UCMJ the member is accused of violating.
Where can you find sample language for NJP specifications?
Each punitive article of the UCMJ contains sample specifications for use in preparing charges and specifications.
Where do you look for model specifications on check cases?
Department of the Army (DA) Pamphlet 27–9, Military Judges’ Benchbook, or the samples provided in AFI 51–201, Administration of Military Justice.
What is the first stage of the NJP process?
The first stage in the NJP process is “the offer”
What date starts the running of the three duty-day period for the member to either accept NJP proceedings or demand trial by court-martial?
Service of “the offer” of NJP.
In NJP, what is the purpose of oral presentations?
They provide the member a chance to speak to the commander face to face.
What should the commander do when a member refuses NJP and elects trial by court-martial?
Immediately refers the matter to the servicing SJA.
Who can grant a member permission to withdraw a previous request for trial by court-martial?
The commander, with the concurrence of the convening authority.
What are two primary considerations in determining the kind or amount of punishment authorized under NJP?
The grade and status of the commander, and the grade of the accused.
When forfeiture of pay is imposed along with a reduction in grade (whether or not the reduction is suspended), on what pay grade is the forfeiture of pay based?
The forfeiture is based on the reduced grade.
In a case where the initiating commander is unable to impose punishment, what two options does a successor in command have?
(1) Withdraw the old AF Form 3070 and initiate a new action on a new AF Form 3070.
(2) Notify the member in writing of the change in commanders by using the notification format in AFI 51– 202, Attachment 3. When using the memorandum, verify a copy is attached to the AF Form 3070.
An unsuspended reduction in grade or forfeiture of pay takes effect upon what date?
The date the commander imposes punishment.
What is the rule when combining the punishments of restriction and extra duties?
Restriction and extra duties may run concurrently, but the combination may not exceed the maximum imposable for extra duties.
After a member has acknowledged his or her punishment, what must the member do within five calendars days from the receipt of that punishment?
The member must indicate his or her appeal decision within five calendar days by initialing only one area in block 6a–c, Member’s Appeal Decision, of the AF Form 3070.
If a member’s appeal is not granted in full by the imposing commander, what happens next in the NJP process?
If less than full relief is granted, the appeal must be sent to the appeal authority, through the SJA.
What is the effective date of relief when granted as a result of an appeal?
Unless otherwise stated, relief granted as a result of an appeal is effective from the date the punishment was initially imposed.
Under what circumstances must an enlisted member’s NJP action be filed in a UIF?
For enlisted members, a record of any suspended punishment under Article 15 or unsuspended Article 15 punishment with any portion of the punishment exceeding one month (31 days or more) must be filed in a UIF.
When must a decision to file a member’s NJP action in his or her promotion selection record be made?
When the member is an officer or enlisted member required to meet an evaluation board the commander imposing punishment decides whether or not to file the NJP in the member’s promotion selection record.
The filing decision is made after punishment is imposed and any appeal is resolved.
What is the next step in the NJP process after the legal office receives the completed NJP action from the commander?
The SJA or designee reviews the NJP action for legal sufficiency.
What document records MPS’s receipt of the NJP action?
An AF Form 1373.
After providing a copy of the NJP record to the MPS and AFO, and noting the dates of receipt, where is the original NJP sent?
To the SJA for the officer exercising GCMCA.
After the GCMCA SJA review, where is the original NJP record filed?
The GCMCA SJA sends the original record for filing in the master personnel record group at AFPC.
What office maintains the evidence supporting NJP action?
Evidence and other written materials are filed in the office of the SJA servicing the commander who initiated the NJP as attachments to the file copy of the action
What supplementary actions may be taken on NJP actions?
Set-aside, remission, mitigation, suspension.
Who may take supplementary action on NJP actions?
The commander or a successor in command.
Indicate the type of supplementary action that each of the following statements represents:
(a) Illegal punishments are done away with.
(b) Unexecuted legal punishments are done away with.
(c) Punishment is reduced in quantity or quality.
(d) A punishment is changed from executed to unexecuted and the member is placed on probation.
(e) The commander did not have authority to impose the punishment.
(f) Warranted for a first-time offender or when there are persuasive matters in extenuation or mitigation.
(g) The member shows dramatic improvement to the extent the commander feels no additional punishment should be served.
(a) set-aside;
(b) remission;
(c) mitigation;
(d) suspension;
(e) set-aside;
(f) suspension;
(g) remission.
Where are requests for suspension, mitigation, remission, or set aside of punishment, and any actions in response, filed?
All requests f are processed and filed with the original NJP record to ensure inclusion with other official file copies.
When may a previously suspended punishment under NJP be vacated? Who may take vacation action?
If the member violates any punitive article of the UCMJ or a condition of suspension specified in writing by the commander during the period of suspension, the commander who imposed the punishment or a successor in command may vacate the suspension.
In a vacation action, what rights does the member not have?
The member does not have the option of demanding trial by court-martial or the right to appeal the action to a superior commander once the punishment previously suspended is ordered executed.
What is the AF policy regarding vacation and new NJP action based on a single offense?
The commander may take vacation action and, if appropriate, offer new NJP, based on the same offense
When a commander wants to vacate a suspended punishment based on a new offense, when must the new offense have taken place?
The new offense occurred during the period of probation.
If a reduction in grade is suspended, but later vacated, what is the member’s new DOR?
It is reduced is the date the original reduction was imposed by the commander; however, the effective date
is the date of the vacation action.
What kind of offenses is withheld from initial disposition by the Secretary of Defense from a commander not in the grade of O–6 or higher and does not possess SPCMCA?
Rape or sexual assault in violation of Article 120, UCMJ; forcible sodomy, in violation of Article 125, UCMJ; and attempts to commit the offenses above, in violation of Article 80, UCMJ.
What are the mandatory items that the SPCMCA must consider when making a decision?
Matters transmitted from lower commanders,
court-martial charges (if any),
any independent review and recommendation received,
victim input, and/or consultation with the SJA.
What information may the SPCMCA consider when making their decision?
The SPCMCA may consider the disposition guidance contained in Appendix 2.1 of the Manual for Courts- Martial.
What office is required to draft the legal review, and who must acknowledge the disposition decision in writing?
The office of the SJA drafts the legal review for the SPCMCA and forwards it to the GCMCA for acknowledgement.
Why is it important to check that the personal data on the DD Form 458 is accurate?
Because it can affect the sentence.
What information is included in the Current Service block on the DD Form 458?
The beginning date of current enlistment and number of years of enlistment
Who can sign a charge sheet as an accuser?
person subject to the UCMJ
What must an accuser do before he or she can prefer charges on an accused?
He or she must sign the charges and specifications under oath before a commissioned officer of the armed forces authorized to administer oaths and have personal knowledge of or must have investigated the offense(s) alleged and that they are true in fact to the best of that person’s knowledge and belief.
In the preferral process, what happens after the accuser signs the DD Form 458 in block 11d?
The immediate commander will personally inform the accused of the charges by reading them to the accused and will sign in block 12 of the charge sheet.
After the accused is notified of the charges against him or her, what important step must take place and why is it so important?
The SCMCA must receive the sworn charges. It is important because it stops the running of the statute of limitations.
Once the SPCMCA receives the charges, what options does the SPCMCA have?
Dismiss the charges; forward the charges to a subordinate commander for disposition; forward any charges to a superior commander for disposition; refer charges to an SCM or SPCM; or direct a pretrial investigation under R.C.M. 405, and, if appropriate, forward the report to a superior commander for disposition.
If the SPCMCA desires to dispose of the case by a GCM, what must happen?
The SPCMCA forwards the preferred charges to a preliminary hearing under Article 32, UCMJ.
When may a convening authority refer a case to a court-martial?
When the convening authority finds or is advised by a judge advocate that there is probable cause to believe that an offense triable by a court-martial has been committed, that the accused committed it, and that the specification alleges an offense, then the convening authority may refer it.
What situation determines which level of legal office will prepare the referral of charges and convening order?
The type of court-martial the case is referred to.
What is the next step in the referral process after the convening authority determines what type of court is appropriate?
The convening authority will either personally sign Part V, Referral, Service of Charges, of the charge sheet or delegate the authority to sign to a judge advocate.
If two individuals are being tried jointly, what information must be included in the referral for trial?
“To be tried in a (joint/common) trial with (name).”
In general, what is the maximum number of members detailed to an SPCM?
12
What is the minimum number of members that are required to be detailed to the court for a GCM where the death penalty may be imposed?
Twelve.
If enlisted members are requested by the accused, what portion of the court members must be enlisted?
At least one-third.
What must take place if the accused is a foreign national USAF member?
The SPCMCA SJA must have the accused’s records examined to ascertain the accused’s nationality no later than 24 hours after referral, even if a claim of foreign nationality has not been made.
Once charges are referred to trial, what must occur? Who verifies it is accomplished?
The charges must be served on the accused. The trial counsel ensures it.
How are changes made to charges and/or specifications?
The changes are made on the original charge sheet by lining through the material while ensuring the form remains legible, and the person making the changes will initial and date by each change.
What is a major change to a charge and/or specification?
It is one that adds a party, an offense, or a substantial matter not fairly included in the preferred charge or specification, or that is likely to mislead the accused as to the offense charged.
What is the most significant difference between making minor and major changes to a charge and/or specification?
Major changes cannot be made over the objection of the accused unless the charge and/or specification are referred anew.
How are additional charges numbered on the DD Form 458?
When there are additional charges, prepare an additional DD Form 458. Number the additional charges in the same basic manner as initial charges. For example, designate a single additional charge simply as “ADDITIONAL CHARGE;” however, if there is more than one additional charge, designate them as ADDITIONAL CHARGE I, ADDITIONAL CHARGE II, and so forth.
What is the purpose of a convening order?
It designates the type of court, details the members of the court, and states the place it is to meet.
In what two ways may an SCM be convened?
It may be convened by a separate order that is prepared in accordance with R.C.M. 504(d)(2) or it may consist of a notation on the charge sheet signed by the convening authority.
What date is placed on a court-martial convening order?
The same date as designated in the referral portion of the charge sheet.
How are members identified in a convening order?
Rank, name, unit, MAJCOM, and base.
How are orders convening courts-martial numbered?
They are numbered consecutively on a fiscal year basis, starting with number 1, with the number following an A-series prefix.
How many amendments may be issued to the convening order before publishing a new order?
No more than two
What is the purpose of a savings clause?
Transfers all cases that have not yet been assembled to the new order by the court.
Who may be tried by an SCM?
Enlisted members subject to the UCMJ for any noncapital case offense made punishable by the UCMJ.
What punishment restrictions in an SCM apply to military members E–5 or above?
They may not receive confinement, hard labor without confinement or reduction, except to the next pay grade.
Before an SCM begins, what must the SCMO accomplish?
The SCMO shall examine the charge sheet, allied papers (convening orders, investigative reports, correspondence relating to the case, and witness statements), and the accused’s personnel records to verify they are complete and free from errors or omissions which might affect admissibility.
On what form is the SCM ROT prepared?
DD Form 2329, Record of Trial by Summary Court-Martial.
What is the composition of a SPCM?
A military judge and four members with or without alternates or a military judge alone if requested by the
accused and approved by the military judge.
What is the composition of a GCM?
GCMs are composed of a MJ and 8 mbrs w or w/o alternates, or a MJA if requested by the acc and approved by the MJ.
In non-capital GCM cases, the quorum may fall to 6 members after impanelment without having to return to the convening authority to detail new members to the court.
In all capital cases, GCMs shall consist of a military judge and not less than 12 members with or without alternates.
State the purpose of an Article 32, UCMJ preliminary hearing.
The primary purpose of an Article 32, UCMJ preliminary hearing is to determine:
Whether the specification alleges an offense under the UCMJ.
Whether there is probable cause to believe that the accused committed the offense charged.
Whether the convening authority has court-martial jurisdiction over the accused and the offense.
A recommendation as to the disposition that should be made of the case.
