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Given an individual suspected of committing an offense
covered by the Uniform Code of Military Justice (UCMJ).
Apprehend a suspect To gain custody of the individual
without violating suspect's rights.
Apprehension: taking an individual into custody
1. Authority may be exercised on or off base by:
- Military personnel or civilians performing law enforcement
- Guard or police
- Military police or CID agents regardless of rank
- Civilian law enforcement like NCIS or contract security guards
- Sentries on post when authorized by their special orders
2. Grounds to Apprehend Person:
- is subject to the UCMJ
- May be apprehended based on probable cause
- May be apprehended to quell quarrels or disordered
- Civilians are “detained” until turned over to civilian law
enforcement
3. How to apprehend:
- Identify yourself to the person as someone allowed to
apprehend the person
- Clearly notify them they are in custody and tell them why they
are being apprehended
- Search the individual after taking them into custody
What is jurisdiction?
Jurisdiction is the power to execute the laws and administer
justice.
Describe Article 15, Non-Judicial Punishment (NJP)
NJP = lowest level of punitive measure
1. Who may impose NJP?
,- Company Commanders and higher may impose NJP on
commissioned, warrant, and enlisted members
- Officers-in-charge in their organizations TO, commanding
general’s orders, or another such authority may impose
punishment on enlisted members only
2. Who can delegate NJP?
- Only flag or general officer-in-command
- Second-in-commands can only assume NJP if they assume
command
3. What are your rights if accused at NJP?
- Should know the nature of your offense
- Have the right to refuse NJP (unless attached to or embarked on
a vessel):
--- If the NJP is refused the commander can either:
------Refer the case to trial by court martial
------Take no action
------Use administrative/non punitive measures to resolve the
case
- No official right to defense counsel for NJP but have the right to
confer with independent lawyer to decide whether or not to accept
NJP
What are the procedures at NJP?
- Someone conducts a preliminary inquiry for an offense
- The individual who conducts the preliminary inquiry submits a
report to the commanding officer who decides NJP based on that
inquiry
- The Unit Punishment Book (UPB) is prepared
- The accused is informed of the charges, Article31(B) rights, and
their right to refuse NJP
- If they accept → office hours will be scheduled and observers
and witnesses are called
- Before the NJP, the accused is reminded of their rights
- At company office hours → company commander, first sergeant,
platoon commander, and platoon sergeant are present
, - Battalion office hours → battalion commander, sergeant major,
company commander, first sergeant are present
- During hearing accused reminded of their rights again
- Options available to commanding officer:
1. Dismiss the charges
2. Impose non punitive corrective measures
3. Impose NJP
4. Refer the case to trial by court-martial
Describe the types of separations
Any separation triggers a DD Form 214
Two types of separation:
1. Voluntary:
- Marine determines that their enlistment contract is defective For
dependency hardship
2. Involuntary:
- CMC directs demobilization or reduction force
- At the convenience of the government
- Unsatisfactory performance
- For misconduct
- Drug abuse
- Security risk
Given a situation covered by Uniform Code of Military Justice
(UCMJ), under direction of a competent authority. Conduct a
lawful inspection To obtain evidence without violating an
individual's rights.
1. Inspection:
- An examination of the whole or part of a unit, organization,
installation, vessel, aircraft, vehicle in which whose primary
purpose is to ensure security, military fitness, and good order and
discipline
2. Scope of Inspection:
- Ensure command is properly equipped, functioning properly,
maintaining proper standards of readiness, and cleanliness
- Personnel or fit and ready for duty
- Urinalysis testing