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Flashcards on Military Justice
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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.
MCM (Manual for Courts-Martial)
Official guide for conducting courts-martial, explains how to apply the UCMJ, and includes rules, procedures, and punishments.
Need for Military Justice
To maintain good order and discipline within the military.
Service Members’ Rights (Under Article 31, UCMJ)
Protection against self-incrimination, the right to remain silent, and the right to legal counsel.
Area Defense Counsel (ADC)
Available free of charge to service members.
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.
Administrative Actions (Non-Punitive)
Used to correct behavior without formal punishment.
RICS
Record of Individual Counseling.
LOC/LOA/LOR
Letter of Counseling, Admonishment, or Reprimand.
UIF
Unfavorable Information File.
Control Roster
Monitors members with substandard conduct.
Officer Selection Record
May include performance or conduct issues.
Preventive Discipline
Encourages positive behavior before problems occur and involves training, feedback, leadership example, and good communication.
Punitive Actions
Formal punishment under military law.
Nonjudicial Punishment (Article 15)
Handled by the commander without a court-martial.
Summary Court-Martial
Minor offenses.
Special Court-Martial
Mid-level offenses.
General Court-Martial
Most serious offenses.
Responsibility of All Leaders in Military Justice
Comply with standards, enforce standards, and never condone misconduct.
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.
Area Defense Counsel (ADC)
Defends service members accused of misconduct, provides independent legal representation, and ensures fair treatment under military law.
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.