lesson 5: SOB_Military_Justice

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Flashcards on Military Justice

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22 Terms

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UCMJ (Uniform Code of Military Justice)

Defines military criminal law, extends jurisdiction worldwide, is part of the U.S. Code, and applies to all military members.

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MCM (Manual for Courts-Martial)

Official guide for conducting courts-martial, explains how to apply the UCMJ, and includes rules, procedures, and punishments.

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Need for Military Justice

To maintain good order and discipline within the military.

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Service Members’ Rights (Under Article 31, UCMJ)

Protection against self-incrimination, the right to remain silent, and the right to legal counsel.

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Area Defense Counsel (ADC)

Available free of charge to service members.

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Search & Seizure Rules in the Military

Commanders can authorize searches in their areas, but warrants are required for personal property searches unless consent or emergency exists.

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Administrative Actions (Non-Punitive)

Used to correct behavior without formal punishment.

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RICS

Record of Individual Counseling.

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LOC/LOA/LOR

Letter of Counseling, Admonishment, or Reprimand.

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UIF

Unfavorable Information File.

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Control Roster

Monitors members with substandard conduct.

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Officer Selection Record

May include performance or conduct issues.

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Preventive Discipline

Encourages positive behavior before problems occur and involves training, feedback, leadership example, and good communication.

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Punitive Actions

Formal punishment under military law.

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Nonjudicial Punishment (Article 15)

Handled by the commander without a court-martial.

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Summary Court-Martial

Minor offenses.

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Special Court-Martial

Mid-level offenses.

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General Court-Martial

Most serious offenses.

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Responsibility of All Leaders in Military Justice

Comply with standards, enforce standards, and never condone misconduct.

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Staff Judge Advocate (SJA)

Legal advisor to the commander, represents the Air Force and Space Force in all legal matters, and handles prosecution, legal reviews, and command-level legal support.

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Area Defense Counsel (ADC)

Defends service members accused of misconduct, provides independent legal representation, and ensures fair treatment under military law.

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Victims’ Counsel (VC)

Supports victims of sexual assault or domestic violence, advises them of their rights, and may represent victims in certain court-martial proceedings.