UCMJ

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What AR covers UCMJ?: AR 27-10
What are some other pubs of interest that deal with the military legal system?: FM 27-1 Legal Guide for Comm.
FM 27-10 Legal Guide for Sold
Misc Pub 27-7 MCM
How did the UCMJ come about?: In 1951 Congress enacted the UCMJ which replaced the Articles of War
What does the UCMJ establish?: Declares what conduct is criminal, establishes the courts and sets basic procedures
The UCMJ is compromised of how many punitive articles?: 61
In what Army publication will you find the Consitution?: Manual for Courts Martial
Military Justice is administered at what 2 levels?: Nonjudicial-Article 15s
Judicial- Courts Martial
What is the purpose of nonjudicial punishment?: To educate and reform offenders
Who may impose an A15?: Any commanding officer
When might a CO choose to use A15 punishment?: When less stringent methods have failed
What are the 3 classifications of A15s?: Summarized
Company grade
Field grade
What is a field grade A15?: An A15 imposed by an 0-3 or above
Does a SM have to accept an A15?: No, they have the right to demand a trial by courts martial
What are the advantages of disposing of cases by A15s?: No court martial
No federal conviction
preserves offenders record
Can an individual appeal an A15?: Yes.
Does the offender have the right to counsel when offered an A15?: Yes, offender must be informed of rights to see JAG
What is the time frame to appeal an A15?: Normally within 5 days after punishment is imposed
Does an individual have the right to call a witness when under A15 proceedings?: Yes, at any time
What is the purpose of announcing punishments at unit formations or posted on bulletin boards?: To preclude perceptions of unfairness of punishment and as a deterent to other SM
Can an NCO be given extra duty by an A15?: Yes, but only in a supervisory capacity
What six things should be considered when deciding whether or not to announce punishment of soldiers in the rank of SGT and above?: Nature of the offense
Individuals military record
Deterrent effect
impact on unit morale
impact on victim
impact on the leadership effectiveness of the individual concerned
Maximum punishment a company commander may impose?: 14 days extra duty/restriction
7 days custody (E-3 below)
7 days pay
1 grade reduction
oral or written letter of reprimand
What is the max number of days extra duty that may be given by a field grade commander?: 45 days
What is the statute of limitations for punishment by A15?: >2 years from imposition
Who may be placed in correctional custody?: PFC and below
Who may be reduced for misconduct under A15?: PV2-SSG
How many grades can a soldier be reduced for inefficiency/misconduct?: one for each, respectively
What form is designed for the purpose of notifying a soldier of A15 proceedings?: DA form 2627
What form is used to record A15 proceedings?: DA form 2627-1
What is the dispostion of the DA form 2627-1?: Maintained locally in nonjudicial punishment files, they will be destroyed at the end of 2 years or when soldier transfers from unit
What article is designed to protect the rights of the soldier?: Article 31
What does Article 31 specify?: Noone may question a soldier suspected of commiting a crime until SM understands the Charges, his right to remain silent, and right to counsel
What right does a SM have in addition to article 31?: Right to: remain silent/ have counsel present/ due process/ search and seizure/ protection against double jeopardy/ sentence reveiw/ speedy trial/ call favourable witnesses/ trial by courts martial
What are articles 77-134 of the UCMJ known as?: Punitive articles
When should punitive articles be explained to service members?: Upon entry to active service, after completion of 6 months active duty, upon reenlistment
What is the purpose of Article 32 investigation?: To investigate and determine the validity of charges
What are the 3 types of Court martial?: Summary
General
Special
If a SM has a court martial conviction does his record follow him after he leaves the service?: Yes, forever
Can a court martial be appealed?: Yes
Can you refuse a court martial?: Summary Yes
Special/General Nada
How many members on a court martial boards?: Summary-1
Special-3
General-5
Who may be tried by court martial?: Anyone who is subject to UCMJ, except officers, warants, cadets and midshipmen
A summary court may confine you to how many days at hard labor?: 1-30 days if E-4 or below
What is the max punishment imposed by a special courts martial?: Confinement for 6 months
Forfeiture of 2/3 pay per month for 6 months
Reduction to lowest enlisted grade
What is the max sentence you can be judged by a general court martial?: DEATH
What is the major difference betwixt a General and Special court martial?: General has a military judge who may impose the death penalty
Is a military judge considered part of the court? What does a military judge do?: No, insure the accused rights are protected, and insure correct legal procedure is followed, impose death penalty
May an enlisted member serve on a court martial?: Yes, when the accused is from a different unit and junior in grade and the accused requests enlisted members servce on board
In a special or general CM does the accused have the right to be represented by a civilian counsel?: Yes at our expense
Who is the president of the CM? Who is the law officer on a special CM?: Senior officer present, the president
Who must reveiw the case in a summary or special CM before sentence is finalized?: Staff JAG
What are the 5 types of discharges?: honorable/ general/ other that honorable/ bad conduct/ dishonorable
What is the purpose of a flagging action?: To suspend all favourable action on an individual while SM is under investigation
When may a CO initiate flagging action on a member of his/her command?: When it appears action may be initiated which could result in CM, or disciplinary action
Can the 1SG give you company punishment?: No, but he can recommend it
Which amendment protects SM from unreasonable search and seizures?: the 4th amendment
What amendment provides that no person shall be compelled to bear witness against himself?: the 5th amendment, fif, 1,2,3,4,fiiif,
The right to a speedy trial is guaranteed by what amendment?: 6th amendment and Article 10 of UCMJ
Under UCMJ, a SM must not be questioned until SM has been informed of right to counsel. This is pursuant to what Supreme Court Case?: Miranda vs Arizona
In the Army who may issue search authorization and when?: A commanding officer, military judge, military magistrate when probable cause exists.
If enlisted members serve on a court, what percentage can be enlisted?: 1/3rd
What does MCM stand for and what does it do?: Manual for Courts Martial
Explains what conduct is a violation of UCMJ, sets rules of evidence, list max punishment for each offense
What is the role of the Staff Judge Advocate?: SJA insures that criminal justice in the command is administered fairly
In what areas can the SJA or JAG assist service members?: Court Martials, tax returns,personal propery damage while on duty, wills, powers of attorney, explanation of legal rights
Administrative discharges are different from court martial discharges, how are they classified?: Involuntary, voluntary
In conducting an investigation, what 3 questions must be answered?: Was on offense committed?
Was the SM involved in the offense?
What is the character and military record of the suspected SM?
A major or higher can impose what punishment with an A15?: 1/2 months forfeiture of pay for 2 months, 45 days restriction, 45 days extra duty
If an A15 is appealed, what actions may the appealing authority take?: Suspend, vacate, mitigate, remit, or set aside punishment
Can a soldier be placed on diminished rations?: Yes, PFC or below
Can a punishment be administered under the provision of A15 if the service member refuses to sign the DA form 2627?: Yes, after being afforded a reasonable opportunity in which to make a decision
What steps are involved in the imposition of nonjudicial punishment?: Inquiry/Notification and explanation of rights/ decision period/ hearing/ appeal/ recording and filing of DA form 2627/2627-1
When nonjudicial punishment is imposed on an NCO, what are the 3 types of punishment it may not include?: Correctional Custody
diminished rations
Extra duty not customarily performed by an NCO
Where can a CO or NCO find a guide for conducting the proceedings of a formal or summarized A15?: Appendix B of AR 27-10
What are the punitive measures?: Denial of Pass privileges/counseling/admin reduction in grade/reprimand/extra training/bar to reenlist/MOS reclass/ admin reduction/ revocation of security clearence
What are the 3 primary objectives of punishment, punitive or nonpunitive?: protect society against repetition of offense/reform the offender/deter others
What is the highest court in the Army?: the court of appeals for the armed forces
upon whom may nonjudicial punishment be imposed?: any member of that CO's unit who has committed a minor offense that does not demand a trial by court martial
What Article authorizes CO to delegate their authority to NCO's to order enlisted personnel into arrest or confinement?: Article 9
What article of the UCMJ gives NCOs the authority to apprehend?: Article 7
What article on the UCMJ protects SM from former jeopardy?: Article 44
What article of the UCMJ prohibits punishment of a soldier under trial?: Article 13
What article of the UCMJ protects soldiers from cruel and unusual punishment?: Article 55
What article of the UCMJ covers investigations and dispostions of charges?: Article 32
What article of the UCMJ sets forth a soldiers specific counsel rights?: Article 27
What article of the UCMJ prohibits compulsory self-incrimination?: Article 31
What article of the UCMJ covers commanding Officers Nonjudicial punishment?: Article 15
What article of the UCMJ gives soldiers guidance if they have been wronged by a CO?: Article 138
What article of the UCMJ covers AWOL?: Article 86
What article of the UCMJ covers disrespect or insubordinate conduct toward a superior officer? To warrants and NCOs?: Article 89/91
What article of the UCMJ covers assault or willful disobeyance of a superior Commissioned Officer?: Article 90
What article of the UCMJ covers failure to obey an order or regulation from a warrant or NCO?: Article 92
What article of the UCMJ covers the improper use of the countersign?: Article 101
What article of the UCMJ covers the sale, loss, damage, destruction, or wrongful disposition of military property?: Article 108
What article of the UCMJ covers drunken or reckless driving?: Article 111
What articles of the UCMJ covers being intoxicated while on duty? use of controlled substances?: Article 112, 112a
What article of the UCMJ covers fighting? malignering?: Article 114, 115\
What article of the UCMJ covers provoking speech and or gestures?: Articel 117
What article of the UCMJ writing bad checks?: Article 123a
What article of the UCMJ covers conduct unbecoming an officer and a gentleman?: Article 133
What is the general article of the UCMJ?: Article 134
What is the Lautenberg amendment?: makes it a felony offense for those convicted of misdemeanor crimes of domestic violence to ship, transport, possess, or receive firearms or ammo.

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Number of cards 101