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Military Justice

Condensed information about UCMJ

QuestionAnswer
What Army Publication covers military justice? AR 27-10.
What does UCMJ mean? Uniformed Code of Military Justice.
What does JAG stand for? Judge Advocate General.
Is an Article 15 judicial or nonjudicial punishment? Nonjudicial punishment.
What is judicial punishment? A court martial.
What are the three types of courts-martial? Summary, special and general.
What is a reprimand? An act of formal censure that reproves or rebukes an offender for misconduct.
What is a military judge? A judge advocate officer who has been certified by the The Judge Advocate General as qualified to preside over general courts-martial and special courts-martial.
What is the lowest level of courts-martial? A summary court-martial.
What is the highest level of courts-martial? A general court-martial.
Who presides over a summary court-martial? A military officer.
Must the military officer presiding over a summary court-martial be a qualified military judge? No.
Does a summary court-martial have a jury? No.
What is the sentence in most summary court-martial instances? Loss of two-thirds of one month's pay, reduction in rank, and up to 30 days in jail.
What is the make-up of a special courts-martial? A legally qualified military judge and a minimum of three members (like a jury). It has a prosecuting attorney appointed by the Army, or a civilian attorney of the defendant's choice.
What is a general courts-martial composed of? A military judge, a minimum of five members. The accused is allowed civilian or military counsel. It may impose up to the maximum punishments authorized by law.
Is a soldier punished when he or she is disciplined? No. Discipline is the result of order and obedience achieved through training.
What is the highest court in the Army? The U.S. Military Court of Criminal Appeals.
What are the five types of military discharges? Honorable, general, other than honorable, bad conduct, and dishonorable.
Will the Army provide you with a military lawyer for a summary court martial? No. The accused is not allowed counsel for the defense at the trial. However, in any legal action the accused may consult with legal authorities regarding the case.
Does it mean a person is guilty when he or she accepts an Article 15? No.
What are the types of Article 15s? Company Grade and Field Grade.
What are the two types of Article 15 proceedings? They are summarized and formal.
Can an E-4 be put in correctional custody for an Article 15? No. Correctional custody is no longer used.
Which article of UCMJ grants you the right to legal counsel, to remain silent, and protects against self-incrimination? Article 31.
Who can impose an Article 15? Any commander, including a warrant officer in command.
Describe some of the rights a person has when faced with a summarized Article 15. Right to call witnesses, examine evidence, submit matters in defense, extenuation, mitigation regarding the offense, to demand trial by court-martial, to remain silent, to a period of time in which to reply to notification of an Article 15 proceedings.
Does a soldier have a right to legal counsel when faced with a summarized Article 15? No.
Does a soldier have a right to be notified that he or she is about to be served an Article 15? Soldiers are normally allowed 48 hours to make a decision.
What form is used to record Summarized Article 15 proceedings? DA Form 2627-1
Does a soldier have a right to appeal a summarized Article 15? Yes.
To whom is a summarized Article 15 appealed? The next higher commander.
How much time is the soldier allowed in which to make an appeal? Normally, no more than five calendar days.
Must a soldier undergo punishment while waiting a decision on the appeal of a summarized Article 15? If the appeal is not decided within 3 calendar days (5 days if a formal Article 15) excluding the day of submission and if the soldier so requests, further punishment will be delayed pending the decision on the appeal.
Describe the maximum punishment of a summarized Article 15. 14 days restriction. 14 days extra duty. Oral admonition and reprimand.
What form is used to record a formal Article 15 proceedings? DA Form 2627.
Is there any time a field grade officer can reduce an E-5 or E-6 more than one pay grade? Only during a time of war or a national emergency.
Describe some of the maximum punishments of a field grade Article 15. 60 days restriction. 45 days extra duty. 30 days correctional custody for E-3 and below. ½ of one month's pay per month for two months. Reduction in rant one or more pay grades. An admonition or reprimand. Confinement on bread and water.
What does SOFA stand for? Status of Forces Agreement.
What is the purpose of SOFA? It is an arrangement between the United States and a host country regarding the legal powers the host country may exercise over military personal, dependents, and employees of the military.
Where does forfeited pay go? The Old Soldier's Home.
Who can a company commander reduce in rank? E-4s and below.
What are the duties of members in Special and General Courts Martial? They determine the guilt of the accused and decide the proper sentence based on the evidence and instructions of the judge. Each member has an equal voice and vote.
Who is president of a Special or General Court Martial? The senior ranking member.
Can the CQ come into your barracks room and search for contraband? Only if the commander has been informed by the CQ there is a good reason to believe a crime has been or is being committed. Then the commander will authorize the CQ to conduct a search and seizure.
Can a person offered an Article 15 present a defense, call a witness or make a statement? Yes.
Can enlisted personnel serve as members of a special or general courts-martial? Yes. One third of the members may be enlisted personnel if the accused requests.
What is the maximum punishment of a Special Courts-Martial? Reduction to E-1, confinement for six months and forfeiture of 2/3's pay per month for six months.
What are the two types of Special Courts-Martial? Special Court-Martial and Bad Conduct Discharge Special Court-Martial.
When was the UCMJ established? 1951
Created by: lycanakitteh