WI-OCS Military Justice Test Bank

Article 134 - ANSWER-Conduct Prejudicial to Good Order and Discipline -the general rule -criminalizes all conduct of a nature to bring discredit to the armed forces (adultery, drunk and disorderly, failure to pay just debts, false swearing, fraternization, indecent acts with a child, obstructing justice, stolen valor type offenses; not an exhaustive list) Article 15 - ANSWER-Non-punitive measure; at the CDR's discretion. Three types of Courts Martial - ANSWER-1. Summary Court Martial 2. Special Court Martial 3. General Court Martial Summary Court - ANSWER-This type of court martial is only for enlisted members and tries only minor offenses. Instead of a military judge, a commissioned officer is appointed to preside over proceedings. Not entitled to military defense attorney-can hire civilian attorney -Soldier must consent to Summary CM. Special Court Martial - ANSWER-The intermediate trial court in the military's criminal justice system. Convened by a Brigade Commander. Can try enlisted, warrant officers, and commissioned officers. Two forms: military judge and not less than 3 members. military judge sitting alone. General Court Martial - ANSWER-The highest military trial court and is usually convened by a general officer. Requires more formal detailed administrative procedures than either a summary or special court-martial. Requires Article 32 Investigation. Maximum Punishment for Summary Court Martial - ANSWER--confinement cannot exceed 1 month -hard labor w/out confinement for 45 days -restriction for 2 months -forfeit 2/3s of one month's base pay reduction to e-1. -E-5 to E-9 can only be reduced 1 grade and may not be confined or placed in hard labor w/out confinement. Maximum Punishment for Special Court Martial - ANSWER-Forfeit 2/3 base pay per month for 6 months -confinement of 6 months and reduction to E-1. -Commissioned officers may not be dismissed or confined at a special court martial Maximum Punishment for a General Court Martial - ANSWER-Any sentence authorized by the President to include; -dishonorable discharge, dismissal, confinement for up to life, forfeit of all pay and allowances, death What is an enumerated offense - ANSWER-Offenses in which Congress has specifically designated as criminal, in a military setting. There are elements that the government must prove beyond a reasonable doubt IOT obtain a conviction What are examples of Non punitive measures - ANSWER--extra training -issuing an oral counseling statement -writing a letter of reprimand