TSgt PDG - 7E Punitive Actions with correct answers

Military law provides commanders with the tools, including ______ and Nonjudicial Punishment (NJP), to deal with criminal conduct. Court-Martial One purpose of military law is to promote justice. Name the other three purposes. 2.) Help maintain good order and discipline in the armed forces; 3.) promote efficiency and effectiveness in the military establishment; 4.) strengthen national security Effective _______ is the most desirable means of maintaining standards. Leadership Name the four pillars of military law. 1.) US Constitution 2.) Manual for Courts-Martial 3.) UCMJ 4.) precedents What is the primary source of military law? US Constitution The US Constitution designates the ______ as the Commander in Chief of the Armed Forces. President The US Constitution gives distinct powers to Congress and to the President. This is called ________ of _________ Separation of power Congress enacted the UCMJ and President Truman signed it into law in what year? 1950 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 in the Manual for Courts-Martial (MCM) revised? Annually The Manual for Courts-Martial (MCM) contains a wide range of materials. Name several. US Constitution, UCMJ, rules for courts-martial and military rules of evidence. T/F: Armed Forces members retain virtually all civilian legal rights, including protection against involuntary self-incrimination and the right to counsel. True No person shall be compelled in any case to be a witness against himself or herself. This is known as the right against ______. Self-incrimination (protected under the Fifth Amendment to the US Constitution; and reflected in Article 31, UCMJ; and military rules of evidence 304) A self-incriminating statement is considered involuntary if it is obtained in violation of the ________ Amendment to the US Constitution, Article 31 of the UCMJ, or through coercion, unlawful influence or unlawful inducement. Fifth Article 31, UCMJ required that persons asked to make a statement first be told what three things? 1.) The nature of the accusation 2.) That they don't have to make a statement 3.) that any statement may be used as evidence against them in a trial by court-martial After being advised of their rights, can a person freely, knowingly and intelligently waive them and make a statement which can be used as evidence? Yes T/F: A military attorney is provided free of charge to all who face a court-martial. True The UCMJ provides a military attorney to the accused prior to what actions? Summary, special and general courts-martial; Article 32 preliminary hearings; and in the Article 15 process The ________ program provides Air Force members with independent legal representation. Area Defense Counsel How does the area defense counsel ensure undivided loyalty to the client? The ADC works for a separate chain of command and reports only to senior defense attorneys From where are most ADC selected? The local base legal office. What criteria are judge advocates screened for before selection as an ADC? Proper level of judgement, advocacy skills and courtroom experience Who travels to assist in the defense of particularly complex courts-martial? Senior defense counsel ADC are supported by defense paralegals, who are _________ personnel. Enlisted What is the military equivalent of civilian "arrest"? Apprehension Apprehension requires probably cause. When does probably cause exist? When there are reasonable ground to believe that an offense was committed and that the person committed it. When is a non-law enforcement NCO allowed to apprehend an officer? 1.) Under specific orders from a commissioned officer 2.) to prevent disgrace to the service 3.) to prevent a serious offense of the escape of someone who committed one. Name four kinds of pretrial restraint (moral or physical). 1.) Conditions on liberty 2.) restrictions in lieu of arrest 3.) arrest 4.) confinement Which type of pretrial restraint directs a person to do, or refrain from doing specific acts? Conditions on liberty How does restriction in lieu of arrest differ from arrest? Restriction is less severe, usually confines the offender to broader geographic limits and allows the performance of full military duties unless directed otherwise. In the Armed Forces, is arrest a physical or a moral restraint? Moral. (It directs a person to remain within specific limits, but doesn't physically restrain them.) Is a person under arrest expected to perform full military duties? No. _______ is a physical restraint, such as imprisonment. Confinement When are individuals put in pretrial confinement? Only when lesser forms of pretrial restraint are inadequate Persons in pretrial confinement have a right to what kind of counsel? Civilian counsel (at their own expense) or military counsel (at the government's expense) Pretrial restraint may only be ordered under what circumstances? When there's a reasonable belief that the person committed an offense triable by court-martial and the circumstances require restraint. When is a search reasonable? When the authorization to search is based on probable cause and particularly describes the place to be searched and person or things to be seized. Define "probable cause" as it relates to a search. Reasonable belief that who or what is being sought is located in the place or on the person being searched. Define "authorization to search." Express written or oral permission to search a person or area for specified property, evidence or for a specific person and to seize such property, evidence, or person. Who can authorize a search and seizure over anyone subject to military law or anywhere on the installation? Commanders, military judges, installation commanders and magistrates. The installation commander has discretion to appoint, in writing, up to ______ military magistrate(s) who may also authorize search and seizure (including apprehension) requests. Two. (Each magistrate must receive training provided by the staff judge advocate on search and seizure issues.) Commanders may conduct inspections of their units. Can contraband uncovered during a proper inspection be seized and admissible in court? Yes How does an inspection differ from a search? Inspections are not focused on specific individuals or the collection of evidence. NJP is authorized under Article _____ of the UCMJ. Article 15 (it provides commanders a means to maintain good order and discipline without the stigma of a court-martial conviction) T/F: Any Air Force member may receive NJP under Article 15 for minor offenses. True. What types of non-punitive disciplinary actions should commanders attempt before resorting to NJP? Counseling and administrative reprimands. T/F: An Article 15 cannot be imposed upon a member who demands trial by court-martial. True. (A commander should not offer an Article 15 unless he or she is prepared to process with court-martial charges) As it related to NJP, a(n) _________ offense is typically one where the maximum imposable sentence does not include dishonorable discharge or confinement of more than one year. Minor. (The commander considers the nature of the offense, the offender's age, grade, duty assignments, record, experience and the maximum sentence imposable for the offense if tried by a general court-martial.) On what basis does the UCMJ set the permissible types and extents of punishments under Article 15? Limitations are based on the grade of the imposing commander and the offender. Reduction in grade is one type of permissible NJP on enlisted members. List the other six. 1.) Additional restrictions 2.) correctional custody 3.) forfeiture of pay 4.) reprimand 5.) restriction 6.) extra duties When are bread and water and diminished rations punishments authorized as NJP? Never What is the Article 15 maximum number of days restriction or extra duties imposed by a lieutenant or captain? By a major or above? 14 days for a Lieutenant or Captain. 45 days extra duties and 60 days restriction for a Major or above.