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MCM

Part V-Paragraphs 1-4

QuestionAnswer
Where would you go to find guidance on NJP Procedure? Part V, MCM
I am an offense that would not include dishonorable discharge and confinement for longer than one year. What kind of offense am I? Minor Offense
A servicemember was taken to NJP for Violation of Article, 104, Aiding the Enemy. True or False: He/She can't be taken to trial by court-martial. False. Ordinarily, a minor offense is an offense which the maximum sentence imposable would not include a dishonorable discharge or confinement for longer than 1 year if tried by general court-martial. The decision whether an offense is “minor” is a matter of discretion for the commander imposing nonjudicial punishment, but nonjudicial punishment for an offense other than a minor offense (even though thought by the commander to be minor) is not a bar to trial by court-martial for the same offense.
NJP was imposed on Sailor Jay for violation of article 112a, Sailor Jay can't have NJP imposed again for this offense, because this would be____ ? Double punishment
When, if ever, can nonjudicial punishment be increased once it is imposed? Never
Captain Pain's IO discovered five UCMJ violations during his investigation for a servicemember facing NJP. Captain Pain decides he wants to make this Sailor feel the pain and take her to NJP five different times for each offense. Can he do this and what is this called? No and Multiple punishment.
What is the statute of limitations for NJP, excluding time the accused was absent in territory that the US had no authority to apprehend him, in the custody of civil authorities, or in the hands of the enemy? 2 years
You are the NJP Legalman. You are drafting charges for an accused that violated several UCMJ articles. You can not list extra military instruction, administrative withholding of privileges, or Nonpunitive censure-NPLOC as options for punishment because these are ______ and are not considered punishment. Administrative corrective measures
True or False: Procedural errors during NJP invalidates the punishment imposed on the accused even if the error did not prejudice a substantial right of the accused. False. Failure to comply with any of the procedural provisions of Part V of this Manual shall not invalidate a punishment imposed under Article 15, unless the error materially prejudiced a substantial right of the servicemember on whom the punishment was imposed
Which persons has and/or may have the authority to administer NJP under MCM, Part V? Commanders, OICs, and Principal assistants.
When would a Sailor have the right to demand trial by court-martial in lieu of NJP? If they are not attached to or embarked on a vessel and before punishment is imposed at NJP
True or False: A person on board a ship for passage can not refuse NJP. True
What two forms notifies an accused of NJP, lists alleged UCMJ article violations, lists evidence or the availability of evidence upon request, accused's rights (maximum punishment, right to demand trial by court-martial, etc.)? Accused Notification and Election of Rights and NAVPERS 1626/7
True or False: Once a servicemember demands trial by court-martial in lieu of NJP the commander must forward or refer charges for trial by court-martial. False. It is at the discretion of the Commander to forward or refer charges to court-martial.
If an accused requests personal appearance which two things are they NOT entitled to if the punishment will not exceed extra duty for 14 days, restriction for 14 days, and an oral reprimand? accompaniment by spokesperson and public NJP proceeding
For NJP proceedings, witnesses are considered not reasonably available if____, ____, or ____? They require reimbursement by the U.S. for any costs incurred by appearing, appearance would unduly delay proceedings, or, if military, can't be excused from other important duties.
Tue or False. The accused can only present maters in defense, extenuation, and mitigation in writing. False. The accused can present matters in defense, extenuation, and mitigation orally, in writing or both.
True or False. The only witnesses allowed at NJP are those that will benefit the accused. False. Witnesses that are adverse to the accused may be present, if they are requested, available and their statements are relevant.
What can an accused submit to the NJP authority for consideration if personal appearance is waived? Written matters
___ are the only things that apply at NJP proceedings, with respect to the Military Rules of Evidence. Privileges
What evidence can be considered at NJP after notifying the accused and allowing them to examine information considered against them and the related alleged offense(s)? any relevant matter
After considering all relevant matter, this occurs if the NJP authority finds that the accused did not commit the alleged offenses. The NJP authority informs the accused and terminate the proceedings.
These three things must occur if the NJP authority concludes that the accused committed the offense(s) alleged. Inform the servicemember of finding, punishment imposed, and the right to appeal.
For an accused to lose the right of a personal appearance before the NJP authority, they must be considered for NJP based on the _____ or _____, and _______. record of a court of inquiry or other investigative party, accorded the rights of a party in relation to the offenses being considered for NJP.
In NJP proceedings based on courts of inquiry and other investigative bodies members must be notified in _____ that NJP is being considered based on the record of proceeding and if applicable, given the opportunity to refuse. Writing
True or False. If the individual does not exercise his right to demand trial by court-martial, or if he does not have that right, and was accorded the rights of a party in relation to the offenses being considered for NJP, the individual may personally appear to present any matter in defense, extenuation, or mitigation to the NJP authority. False. The accused may submit, in writing only any matters in defense, extenuation, or mitigation to the NJP authority.
True or False. An accused has the right to waive personal appearance is subject to approval by the NJP authority. True
Created by: LN Advancement