Term
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Definition
| lowest level of military justice, imposed by Co COs and higher for minor offenses. Purpose is to quickly correct minor offenses w/o resort to trial by court-martial. General Officers In Command have the power to delegate who can impose NJP. |
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Term
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Definition
The accused has the rights to know:
The nature of offense
If the CO is contemplating office hours
Right to refuse NJP unless attached to or embarked on a vessel or during the proceeding until punishment is imposed by the CO
If refuse, the CO can refer the case to trial by court martial, decide to take no further action, use administrative/nonpunitive measures to dispose of the case
Right to confer with an independent lawyer to help make the decision
Right to remain silent and to make no statement at all
Right to appeal any punishment imposed
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Term
| Describe the military justice system |
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Definition
There are 5 levels of the system listed from least to most severe:
nonpunitive measures
Nonjudicial punishment (NJP)
summary court-martial (SCM)
special court-martial (SPCM)
general court-martial (GCM) |
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Term
| Identify the 5 types of discharges |
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Definition
Honorable, dishonorable, other than honorable, general under honorable conditions, uncharacterized
Dismissal is for Officers which is equivalent to dishonorable |
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Term
| Identify punitive articles |
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Definition
Articles 77-134... Articles 134 has 52 separate offenses which falls under it
Each article consists of:
Text of article
Elements of the offense
Explanation
Lesser included offenses
Maximum punishment
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Term
| Identify the forms of punishment for violations of the UCMJ |
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Definition
NJP -
SCM - only enlisted can be tried
SPCM - officers can be tried but rarely practiced b/c SPCM may not awd the following punishment to an officer: dismissal, confinement, hard labor w/o confinement
GCM - |
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Term
| Identify the types of court martial |
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Definition
SCM - O3 or above who acts as prosecutor, defense counsel, and judge. max sent: conf 1 mo, forf of 2/3 pay/mo for 1 mo, red to E1, restr for 60 days, hard labor w/o confinement for 45 das. E5 or above, they may not be red more than 1 pay grade, confined, awd hard labor w/o confinement
SPCM - 3 mbrs, max sent: conf of 12 mos, forf of 2/3 pay/mo for 12 mos, red to the lowest enl grade, BCD; found guilty constitutes a fed misdemeanor
GCM - 5 mbrs, found guilty constitutes a federal felony conviction, max punishment: death, punitive discharge (BCD, DD, dismissal for officers), confinement for enlisted n officers, reduction in rank for enlisted personnel only, total forf of all pay and allowances |
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Term
| Identify who has the authority to impose punishment under the UCMJ |
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Definition
NJP - Company Cmdr and above
SCM- O3 and above
SPCM-Bn/Squadron cmdrs or higher
GCM- CG |
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Term
| Describe the elements of an offense |
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Definition
| facts that the gov't must prove beyond a reasonable doubt to convict a service member at court-martial |
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Term
| Describe the procedures for safeguarding evidence to ensure the proper chain of custody |
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Definition
asap, note the time, date, place, from whom or where teh evidence was seized and describe the evidence
safeguard the evidence until you can turn it over to authorities
you must be able to testify the evidence was not tampered with
keep the evidence in your person if poss
may lock it up in an area in which only you have access
under no circumstances leave the evidence unattended in an unsecured area
promptly deliver the evidence to law enforcement personnel |
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Term
| How many articles do the UCMJ have |
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Definition
| 146 which they are separated into 2 groups |
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Term
| How do you apprehend a suspect who has committed an offense without violating their rights |
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Definition
| Only (non)commissioned officer, warrant officers, military pers/civ performing law enforcement, sentries on post can apprehend the individual who has committed offense. Can also apprehend during disorder/quarrels. ID yourself to the person being apprehended, if in civ attire, display your ID card. Notify the person who is being apprehended that he or she in in custody, tell the person why he or she is being apprehended, reasonable force may be used to affect an apprehension, if poss an individual equal or senior in rank to the individual to be apprehended should execute the apprehension, always search the individual immediately affter taking him into custody |
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Term
| How do you conduct a lawful seach and seizure to obtain lawful evidence IAW the UCMJ |
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Definition
| The CA may auth searches who has control over the place where the prop or person to be searched is situated or found. if place not under mil control, the CO having control over the person. Auth needs to be in writing. (non) commissioned, warrant officers and other persons properly designated to perform guard or police duties. |
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Term
| How do you conduct a lawful inspection w/o violating the individual's rights |
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Definition
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Term
| The UCMJ is split into 2 groups, what are they and which articles fall under them? |
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Definition
Procedural in nature - Articles 1 thru 76 and 135 thru 146
Punitive Articles- detail the criminal law applicable to the armed forces; Article 77 thru 134 |
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Term
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Definition
| all active duty service members, retirees, reservists; valid from enlistment and ends w/ valid delivery of discharge papers |
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Term
| How many article is listed under Article 134 |
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Definition
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Term
| What are "nonpunitive measures" |
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Definition
are corrective measures that are designed to overcome noted deficiencies in a unit or an individual and are not imposed as a punishment. Actions incl:
informal or formal counseling
exhortation
disapproval
criticism
administrative withholding of privileges |
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Term
| what is the purpose of military law |
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Definition
Promote justice
Assist in maintaining good order and discipline in the armed forces
Promote efficiency and effectiveness in the military establishment, and thereby strengthen the national security of the United States |
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Term
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Definition
| The power to execute the laws and administer justice. |
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Term
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Definition
| What article of the UCMJ that has been allegedly violated. |
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Term
What is a Specifications? |
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Definition
| A statement of how the accused is supposed to have violated of the article. |
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Term
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Definition
| Is that state of mind required to commit an offense. (To be criminally liable, the accused must: have committed an act, also have had a guilty mind while doing the act.) |
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Term
What are the different type of defenses? |
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Definition
Lack of requisite criminal intent, Alibi, Impossibility, Ignorance or mistake of fact, self-defense, coercion or duress, accident |
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Term
What are the two grounds for an appeal? |
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Definition
| Unjust or disproportionate |
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Term
What is Extra Military Instruction (EMI)
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Definition
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Not meant to be punishment and measures utilized must logically relate to deficiency and serve valid training purpose.
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May be performed after normal working hours, but only with approval from commanding officer and under supervision.
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Never to be performed more than two hours a day and never on Sunday.
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Term
What is Nonpunitive Letter of Caution (NPLOC)
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Definition
| written censure that is considered a personal matter between the individual receiving it and the superior issuing it. Censure is a criticism of one’s conduct or performance of duty. Any small unit leader may utilize them. |
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Term
| What are the types of evidence retrieved during search and seize |
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Definition
| real, documentary, testimonial |
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Term
| What is exigent searches? |
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Definition
based on probable cause, search authorization is not required when there is insufficient time
reasonable belief exists that the delay necessary to obtain a search authorization would result in the removal, destruction, or concealment of the prop or evidence sought
ex: OOD smells burning marijuana in a barracks room |
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