WOCS Exam 4 > UCMJ > Flashcards

UCMJ Flashcards

(20 cards)

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1
Q

1-5 of 10 Commandments of unlawful command influence:

A
  1. The commander may not order a subordinate to dispose of a case in a certain way
  2. The commander must not have an inflexible policy on disposition or punishment
  3. The commander, if accuser, may not refer the case
  4. The commander may neither select nor remove court members in order to obtain a particular result in a particular trial.
  5. No outside pressures may be placed on the judge or court members to arrive at a particular decision.
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2
Q

6-10 of 10 Commandments of unlawful command influence:

A
  1. Witnesses may not be intimidated of discouraged from testifying
  2. The court decides punishment. An accused may not be punished before trial
  3. Recognize that subordinates and staff may “commit” command influence that will be attributed to the commander, regardless of his knowledge or intentions.
  4. The commander may not have an inflexible attitude towards clemency.
  5. If a mistake is made, raise the issue immediately
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3
Q

4 PUNISHMENT options:

A
  1. No action/dismissal
  2. Nonpunitive/Adverse administrative action
  3. Nonjudicial Punishment (Article 15)
  4. Judicial action
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4
Q

5 examples of Nonpunitive/Adverse administrative action:

A
  1. Flag (once investigation is opened, suspend clearance)
  2. Letter of reprimand
  3. Bar to Reenlistment
  4. Relief for cause
  5. Administrative separation
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5
Q

4 examples of Nonjudicial Punishment (Article 15):

A
  1. Summarized
  2. Company-grade
  3. Field-grade
  4. Other decisions: Suspend punishment, filing determination, appellate action.
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6
Q

Why do we have Military Justice?

A
  • Promote Justice
  • Help maintain good order and discipline in the armed forces
  • promote efficiency and effectiveness in the military
  • strengthen national security (insider threat)
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7
Q

UCMJ Jurisdiction

A

(Over the Person)

  • Active Duty and Reserve
  • Military academy cadets and midshipman
  • Guard in Federal Service
  • Retirees
  • EPOW

(Over the Offense)

  • Worldwide jurisdiction
  • possible concurrent jurisdiction
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8
Q

Commmon law crimes (UCMJ)

A 
homicide
rape
larceny
robbery
assault and burglary
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9
Q

military crimes

A
  • disrespect
  • disobedience
  • AWOL
  • conduct unbecoming of an officer
  • conduct prejudicial to good order and discipline
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10
Q

Rights of soldier under Article 15?

A
  • right to remain silent
  • right to counsel
  • right to demand trial by court martial (not allowed for TCMJ)
  • decision period
  • right to call witnesses
  • the hearing
  • the right to appeal (to higher commander)
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11
Q

Only ___ soldiers may be reduced by courts-martial

A

enlisted

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12
Q

key to successful counseling of soldiers

A
  • soldiers must understand commander’s expectations for future conduct
  • oral counseling is not enough- get a record
  • put it in writing and document misconduct/deficiency with specificity
  • DA Form 4856- counseling form (include rehabilitative results and comments)
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13
Q

types of discharge

A

honorable- no misconduct, all benefits

general- minor misconduct, most benefits

other than honorable (requires board)

  • more serious misconduct
  • forfeits most benefits

bad conduct (not for TANG)

dishonorable (not for TANG)

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14
Q

types of inquiries and investigations

A

informal inquiry (Commander’s inquiry)

informal investigation under AR 15-6

Article 32 preliminary hearing

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15
Q

who can authorize a search and seizure?

A

Commander
military judge
military magistrate

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16
Q

an INSPECTION is not a ___

17
Q

Article 133

Study These Flashcards
A

Conduct unbecoming an officer and gentleman

18
Q

Article 134

Study These Flashcards
A

The General Article

  • animal abuse
  • child porn
  • disorderly conduct
  • bigamy
  • etc
19
Q

4 types of Courts-martial:

Study These Flashcards
A

Summary- enlisted only
Straight Special (SPCM)- enlisted only
Bad-Conduct Discharge (BCD) SPCM
General

20
Q

4 types of punishment for Courts-martial:

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A

Confinement (1 ,6, 12 month)- enlisted only
Forfeitures (2/3 pay for 1, 6, 12 month)
Reduction (Lowest grade)
Punitive Discharge (BCD or General, officer at General)

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