Military Justice

What does UCMJ and MCM stand for?

UCMJ - Uniformed Code of Military Justice

MCM - Manual for Court-Martials

Why is there a need for a military justice system? (3)

-Crimes unique to the military

-Discipline within the military

-Worldwide operations

Define Preventive Discipline

Action taken to encourage members to follow standards and regulations to prevent infraction

Encourages self-discipline, rather than having discipline handed out after the infraction

Administrative Action

LOR, LOC, LOA, UIF, Control Roster

•Action subsequent to a rule infraction

•It seeks to discourage further infractions and to ensure further acts are in compliance with standards

Three objectives:

-Reform the offender

-Deter others from similar actions

-Maintain consistent, effective group standards

What is a letter of counseling? What would it be appropriate for?

Document verbal counseling

Tardiness, absences, sloppy uniforms, traffic ticket

What is a letter of admonishment?

More severe than a LOC, used to document a more serious infraction but not serious enough for a LOR

What is a letter of reprimand?

Bonus: What DAFI code must it be written to?

Official censure of inefficiency, impropriety, or misconduct

More severe than a counseling or admonition and indicates a stronger degree of official censure

Must be written according to DAFI 36-2907

Unfavorable Information File (UIF)

A repository at MPS, contains information about a person's duty performance and conduct

What is in a UIF?

Unfavorable information file includes:

- Article 15

- Letter of Reprimand

- Counseling Documents (as attachments only)

What are control rosters?

List of people whose conduct, bearing, integrity, or duty performance require special attention, observation, evaluation, or rehabilitation

Is a person on a control roster eligible for reenlistment, promotion, PME while in residence, or PCS?

No

However they have the chance to correct their deficiency within a specific time frame

Officer selection record

Derogatory data available to a promotion record, mandatory for at least 10 years

Includes:

-Court martial records

-Nonjudicial punishments

-LORs

-LOAs

-LOCs from substantiated investigations

-Removal from command for cause

What is a nonjudicial punishment?

Article 15

What are judicial punishments?

Summary court-martial

General court-martial

Special court-martial

What is the function of the Staff Judge Advocate?

The SJA is a commanders' legal staff who support the Air Force and Space Fore in all legal matters

What is the function of the Area Defense Counsel?

The ADC represents USAF and USSF personnel accused of wrongdoing.

Their chain of command is separate from the SJA to avoid any command influence on their work.

What is the function of the Special Victims Counsel?

The VC advises victims of alleged sexual assault on their rights and represents them in certain matters in court-martial

Their chain of command is separate from the SJA to avoid any conflicts of interest.

What is a summary court-martial used for? Composed of? Punishments?

-Tries minor offenses

-For enlisted members only

-One officer acts as judge

-Limited punishment

What is a general court-martial used for? Composed of? Punishments?

-Most serious offenses

-Military judge / 8 members

-Maximum punishment

What is a special court-martial used for? Composed of? Punishments?

-Tries intermediate offenses, typically not used for officers

-Military judge / 3 members (minimum)

4 members is standard

Can have a "bench special". MJ alone. 6 mo max punishment, member can object to this

-Limited punishments: cannot get a dismissal

What is an article 15? What can a member request in lieu of this?

Nonjudicial punishment for minor offices, imposed by the commander. It is an acceptance of forum not an admission of guilt - does not constitute a criminal conviction.

Punishment depends on rank of offender and commander

Members may request trial by court-martial in lieu of Article 15

What is article 31, UCMJ? What are three key elements?

Military version of Miranda

-Involuntary self-incrimination: No person may compel any person to incriminate himself or answer any question that may incriminate himself.

-Right to Counsel: can be appointed an ADC (free) or civilian defense counsel (hired)

-Search and seizure: not allowed without a warrant off base, and wellness checks cannot be performed as a pretext to gather evidence. Commanders may search or conduct wellness checks in areas under their authority

What are the three D's of wingman intervention?

1. Direct

2. Delegate

3. Distract