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Flashcards in Punitive Actions Deck (19)
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1
Q

Effective __ is the most desirable means of maintaining standards.

A

Leadership

2
Q

One purpose of military law is to promote justice. Name the other 3 purposes.

A
  1. help maintain good order and discipline
  2. promote efficiency and effectiveness
  3. strengthen national security
3
Q

Name the 4 pillars of military law.

A
  1. US Constitution
  2. UCMJ
  3. Manual for Court Martial
  4. precedents
4
Q

President Truman created the Manual for Courts Martial (MCM) in 1951. What does it provide?

A
  1. standardized forms
  2. rules for evidence, procedure and maximum punishments
  3. military law guidance for commanders and judge advocates
5
Q

How often is the Manual for Courts-Martial (MCM( revised?

A

annually

6
Q

The UCMJ provides a military attorney to the accused prior to what actions?

A

summary
special & general court martial
article 32 preliminary hearings
article 15 process

7
Q

When is a non-law enforcement NCO allowed to apprehend an officer?

A
  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
8
Q

Name 4 kinds of pretrial restraint.

A

conditions on liberty
restrictions in lieu of arrest
arrest
confinement

9
Q

In the Armed Forces, is arrest a physical or moral restraint?

A

Moral (It directs a person to remain within specified limits, but doesn’t physically retrain them)

10
Q

Who can authorize a search and seizure over anyone subject to military law or anywhere on the installation?

A

commanders
military judges
installation commanders
magistrates

11
Q

Nonjudicial Punishment (NJP) is authorized under Article __ of them UCMJ.

A

Article 15

12
Q

An Article 15 cannot be imposed upon a member who demands trail by court-martial. T/F

A

True ( A commander should not offer an Article 15 unless he or she is prepared to proceed with court-martial charges.)

13
Q

Reduction in grade is one type of permissible Nonjudicial Punishment on enlisted members. List the other 6

A
  1. additional restrictions
  2. correctional custody
  3. forfeiture of pay
  4. reprimand
  5. restriction
  6. extra duties
14
Q

What is the Article 15 maximum number of days restriction or extra duties imposed by a Lt or Cpt? By a major or above

A

14 days for a Lt or Capt

45 days extra duties and 60 days restriction for a Maj or above

15
Q

Commanders have the power to suspend, ____, or mitigate punishment of an Article 15.

A

Remit

16
Q

___ cancels any executed portion of a punishment under Article 15.

A

remission

17
Q

What are the 3 types of court martial?

A

summary court martial
special court martial
general court martial

18
Q

A ___ court-martial tries the most serious offenses.

A

General Court Martial

19
Q

Name the highest appellate court in the military justice system.

A

US Court of Appeals for the Armed Forces