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UCMJ

QuestionAnswer
What AR covers military justice? AR 27-10
What does UCMJ stand for? Uniform Code of Military Justice
What is the purpose of military law? Promote justice, to assist in maintaining good order and discipline in the armed forces, to promote efficiency and effectiveness in the military establishment, and thereby to strengthen the national security of the US.
Under what article is Nonjudicial punishment imposed? Article 15
What is the intent behind Nonjudicial punishment? (1) Correct, educate, reform offenders (2) Preserve a soldier's record of service from unnecessary stigma (3) further military efficiency by disposing of minor offenses in a manner requiring less time and personnel than trial by court martial
Who may impose an Article 15? Commanders, Multi-service Commanders and Officers in charge
To whom can Nonjudicial punishment be imposed? (1) Military personnel of a commander's command (2) Personnel of other armed forces (3) Personnel who leave a commander's command in Article 15 proceedings have been initiated
Does a person have to accept an Article 15? No. They have the right to demand trial by court martial.
What is one circumstance when a soldier does not have the right to refuse an Article 15 and demand trial by court martial? When attached to or embarked in a vessel
How much time does a soldier have to demand a trial by court-martial? "reasonable time, normally 24 hours"
Who can direct a subordinate leader to impose an Article 15? No one
Are there any restrictions to the punishment of extra duty for NCOs and SPCs? It cannot demean the soldier's position as an NCO or Specialist.
What does the term "minor offense" mean? Misconduct not involving any greater degree of criminality than involved in the avg offense tried by Summary Courts Martial (SCM); the max sent imposable wouldnt include a dishon. discharge or confinement >1 year if tried by general court-martial (GCM).
To what articles would a "minor offense" apply to be cause for Nonjudicial punishment? Punitive Articles
What is the length of time you have to appeal an Article 15? 5 calendar days of imposition of punishment, or the right to appeal shall be waived in the absence of good cause shown.
What are the 3 classifications of Article 15s? Summarized, Company Grade, Field Grade
What punishment can be given to an enlisted soldier for a summarized Article 15? In any combination: (1) Extra duty up to 14 days (2) Restriction up to 14 days (3) Oral reprimand. Combined amount cannot exceed maximum allowed for extra duty.
What punishment can be given to an enlisted soldier for a company grade Article 15? (1) Reprimand AND (2) Extra Duty 14 days AND (3) Restriction 14 days OR (4) Correctional custody 7 days (E3 & below) OR (5) Restricted diet confinement 3 days (E3 & below) AND (6) 1 Grade reduction (E4 and below) AND (7) Forfeiture of Pay 7 days
What punishment can be given to an enlisted Soldier for a field grade (O4 or higher) Article 15? (1)Rep. AND (2) Extra Duty 45 d AND (3) Restrict. 60 d OR (4) Corr. Custody 30 d (E3 &belw) OR (5) Restrict. Diet Confin. 4 d (E3 &belw) AND (6) Grade Red. (E4 &belw: 1 or more grd; E5 & E6: 1 grade in peace time) AND (7) 1/2 of 1 mo's pay for 2 mo
What are limitations on Nonjudicial punishment? (1) No double punishment (2) No increase in punishment (3) No multiple punishments (4) Statute of limitations is 2 years (5) Cannot be punished for something that has already been tried in civilian courts.
What time is not included in the statute of limitations for Nonjudicial punishment? The period of limitations does not run when the soldier concerned is: (1) AWOL/Fleeing from justice (2) Outside territory where US has authority to apprehend (3) In the hands of the enemy
What are Articles 77 through 134? Punitive Articles
What are the 3 types of courts-martial? (1) Summary (2) Special (3) General
Which courts-martial require a military judge? Special, General
Are enlisted soldiers allowed to sit on a Court-Martial? Under what circumstances? How many members of a Special or General Courts-Martial can be enlisted? Yes. Only if Soldier being tried is also enlisted and is of a lower rank. No more than 1/3 of the members.
Who is the highest military court? The United States Court of Appeals for the Armed Forces
How many judges are on the court? Who appoints them? Are they military or civilian? How long is their term? 5 by President Civilian 15 year term
How many articles are in the UCMJ? 146 articles under 12 subchapters
What rights are given to a soldier under Article 31? (1) Protect frm Self-Incrim. (2) Protect from Interrogation w/o know nature of accusation. Right to refuse. Any stmt can be used. (3) Protect from make stmt/show evid. irrelevnt to case/degrading. (4)No stmt obt. in violat. of this art. may b usd in court
How many military discharges are there? What are the types? Six (1) Honorable (2) Under Honorable Conditions (General) (3) Under Other Than Honorable Conditions (4) Bad Conduct (5) Dishonorable (6) Uncharacterized
Created by: bp0102