Flashcards in Punitive Actions Deck (19)
Effective __ is the most desirable means of maintaining standards.
One purpose of military law is to promote justice. Name the other 3 purposes.
2. help maintain good order and discipline
3. promote efficiency and effectiveness
4. strengthen national security
Name the 4 pillars of military law.
1. US Constitution
3. Manual for Court Martial
President Truman created the Manual for Courts Martial (MCM) in 1951. What does it provide?
1. standardized forms
2. rules for evidence, procedure and maximum punishments
3. military law guidance for commanders and judge advocates
How often is the Manual for Courts-Martial (MCM( revised?
The UCMJ provides a military attorney to the accused prior to what actions?
special & general court martial
article 32 preliminary hearings
article 15 process
When is a non-law enforcement NCO allowed to apprehend an officer?
1. under specific orders from an officer
2. to prevent disgrace to the service
3. to prevent a serious offense or the escape of someone who committed one
Name 4 kinds of pretrial restraint.
conditions on liberty
restrictions in lieu of arrest
In the Armed Forces, is arrest a physical or moral restraint?
Moral (It directs a person to remain within specified limits, but doesn't physically retrain them)
Who can authorize a search and seizure over anyone subject to military law or anywhere on the installation?
Nonjudicial Punishment (NJP) is authorized under Article __ of them UCMJ.
An Article 15 cannot be imposed upon a member who demands trail by court-martial. T/F
True ( A commander should not offer an Article 15 unless he or she is prepared to proceed with court-martial charges.)
Reduction in grade is one type of permissible Nonjudicial Punishment on enlisted members. List the other 6
1. additional restrictions
2. correctional custody
3. forfeiture of pay
6. extra duties
What is the Article 15 maximum number of days restriction or extra duties imposed by a Lt or Cpt? By a major or above
14 days for a Lt or Capt
45 days extra duties and 60 days restriction for a Maj or above
Commanders have the power to suspend, ____, or mitigate punishment of an Article 15.
___ cancels any executed portion of a punishment under Article 15.
What are the 3 types of court martial?
summary court martial
special court martial
general court martial
A ___ court-martial tries the most serious offenses.
General Court Martial