Military Justice (AR 27-10)

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43 Terms

1
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What Army Regulations Covers Military Justice?

AR 27-10

2
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How many articles are there in the UCMJ?

146 articles (12 sub articles) total of 158

3
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Does a person have to accept an article 15?

No, he or she has the right to demand a trial by court martial

4
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Can an NCO be given extra duty by an Article 15?

Yes, Supervisory duty only

5
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What is the UCMJ?

Uniform Code of Military Justice (the statute that prescribes criminal law for soldiers)

6
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When was the UCMJ enacted?

May 1950, congress enacted the UCMJ, which was based upon and replaced the Articles of War

7
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What is a Field Grade Article 15?

An article 15 imposed by an O4 or above

8
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Who may impose an article 15?

Any commanding officer, including a warrant officer exercising command

9
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What does the UCMJ establish?

It declares what conduct is a crime, establishes the various types of courts and sets forth the basic procedures to be followed in the administration of military justice.

10
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What are the three classifications of article 15s?

1. Summarized 2. Company grade 3. Field grade

11
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What form is used to record Summarized Article 15 proceedings?

DA Form 2627-1

12
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What are articles 77 through 134 of the UCMJ known as?

Punitive Articles

13
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What are 3 types of Court martial?

1. Summary 2. Special - 3. General

14
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What are the maximum punishments that company commanders may impose?

14 Days extra duty 14 Days restriction, 7 Days correctional custody (E3 and below), 7 Days forfeiture of pay, 1 Grade Reduction for E4 and below, Oral or written letter of reprimand

15
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Who is the highest military court?

The court of military appeals

16
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Under what article is Non-judicial punishment imposed?

Article 15

17
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Who makes up the court of military appeals?

The Court was originally composed of three civilian judges appointed by the President of the United States for a normal term of 15 years and confirmed by the Senate of the United States. However, effective October 1, 1990, Congress increased the membership on this Federal Court to five civilian judges, maintaining the original appointment and confirmation process. Except for ceremonial sessions and special hearing sessions held in various sections of the United States, the Court sits only in Washington, D.C.

18
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What is one circumstance when a soldier does not have the right to refuse an Article 15 and demand trial by court martial?

When aboard a ship

19
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What rights are given to a Soldier under Article 31?

The rights given to a Soldier under Article 31 are: the right to remain silent, the right to demand trial, and the right to an attorney

20
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Who has the power to reduce a soldier in grade?

The Promotion Authority

21
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When can a Special Court Martial convening authority impose a bad conduct charge?

Only when a Military Judge is detailed to the trial

22
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Name the five types of discharges

Honorable, General, Other than Honorable, Bad Conduct, Dishonorable Discharge

23
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Who may be placed in correctional custody?

E-3 and below

24
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Can an article 15 be posted on the Units bulletin board?

Yes for seven days following imposition of punishment for E4s and below. Commanders discretion for E5 and above

25
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What AR covers military justice?

AR 27-10

26
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Does a person have to accept an article 15?

No, he or she has the right to demand a trial by court martial

27
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What kind of extra duty is an NCO given by an article 15?

Supervisory duty only

28
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What is the UCMJ?

Uniform Code of Military Justice (the statute that prescribes criminal law for soldiers)

29
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How many articles are there in the UCMJ?

There are 146 Articles in the UCMJ. There are also sub-articles which total 12, nested within the UCMJ such as the following example: Article 106 deals with "Spies", but Article 106a Deals with "Espionage". It would be more accurate to state a total of 158 Articles in the UCMJ (The 146 Articles + 12 Sub-articles = 158)

30
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When was the UCMJ enacted?

1950, congress enacted the UCMJ, which was based upon and replaced the Articles of War, which had been around in various forms since 1775

31
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What is a Field Grade Article 15?

An article 15 imposed by an O4 or above

32
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Who may impose an article 15?

Any commanding officer, including a warrant officer exercising command

33
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What does the UCMJ establish?

It declares what conduct is a crime, establishes the various types of courts and sets forth the basic procedures to be followed in the administration of military justice.

34
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What are the three classifications of article 15s?

1. Summarized

2. Company grade

3. Field grade

35
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What form is used to record Summarized Article 15 proceedings?

DA Form 2627-1

36
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What are articles 77 through 134 of the UCMJ known as?

Punitive Articles

37
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What are 3 types of Court martial?

1. Summary

2. Special

3. General

38
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What are the maximum punishments that company commanders may impose?

1. 14 Days extra duty

2. 14 Days restriction

3. 7 Days correctional custody (E3 and below)

4. 7 Days forfeiture of pay

5. 1 Grade Reduction for E4 and below

6. Oral or written letter of reprimand

39
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Who is the highest military court?

The court of military appeals

40
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Under what article is Non-judicial punishment imposed?

Article 15

41
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Who makes up the court of military appeals?

The Court was originally composed of three civilian judges appointed by the President of the United States for a normal term of 15 years and confirmed by the Senate of the United States. However, effective October 1, 1990, Congress increased the membership on this Federal Court to five civilian judges, maintaining the original appointment and confirmation process. Except for ceremonial sessions and special hearing sessions held in various sections of the United States, the Court sits only in Washington, D.C.

42
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What is one circumstance when a soldier does not have the right to refuse an Article 15 and demand trial by court martial?

When aboard a ship

43
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What rights are given to a Soldier under Article 31?

The rights given to a Soldier under Article 31 are: the right to remain silent, the right to demand trial, and the right to

an attorney