| Xavier University Army ROTC
Study Guide
Military Justice
1. What is meant by UCMJ?
Uniform Code of Military Justice.
2. Who has the statutory authority to establish
a military law system?
Congress of the United States.
3. When was the UCMJ enacted?
1951.
4. How did the UCMJ come about?
In 1951, Congress enacted the UCMJ which replaced
and was based upon the Articles of War which had been in existence
in various forms since 1775.
5. Who has the authority to establish procedures
to be followed in military criminal proceedings?
The President of the United States.
6. What does the Manual for Courts-Martial do?
The MCM explains what conduct is in violation
of the UCMJ, sets forth rules of evidence, contains a list
of maximum punishments for each offense and explains types
of court martials.
7. What Army Regulation covers military justice?
Army Regulation 27-10.
8. What is article 31 of the UCMJ?
Explains a person’s right against compulsory
self-incrimination and the right to have an attorney.
9. Who may impose non-judicial punishment under
Article 15, UCMJ?
Any commanding officer, including a warrant
officer, in command.
10. What is the purpose of non-judicial punishment?
To correct, educated and reform offenders. To
preserve an offender’s record from a court martial.
To further military efficiency by disposing of minor infractions
of good order and discipline in a manner requiring less time
and personnel than a court-martial.
11. What type of offenses are normally disposed
of by non-judicial punishment?
Minor offenses.
12. Can an individual object to an Article 15
and demand trial by courts-martial?
Yes, except when aboard a vessel, either attached
or assigned.
13. Can an individual who objected to an Article
15 also object to trial by a summary courts-martial?
Yes.
14. What are the two types of Article 15?
- The Formal Article 15
- The Summarized Article 15
15. What is the maximum punishment authorized
for a summarized Article 15?
14 days extra duty, 14 days restriction, and
an oral admonition or reprimand.
16. What are the maximum punishments that a
company/battery commander in the grade of Captain or below
may impose under Formal Article 15 action to enlisted personnel?
Reduction of E-4 or below one grade; 14 days
restriction and 14 days extra duty or 7 days correctional
custody (correctional custody may only be given to E3 and
below). Forfeiture of 7 days pay or detention of 14 days.
17. What are the maximum punishments that a
field grade commander may impose under Formal Article 15 action
to enlisted personnel?
Reduction of an E-5 and E-6 one grade if commander
has promotion authority to those grades. Reduction of an E-4
and below to E-l; 60 days restriction and 45 days extra duty
or correctional custody for 30 days; forfeiture of ½
of a month’s pay per month for two months.
18. What should a company grade commander do
if he determines that his authority under Article 15 is insufficient
to impose an appropriate punishment upon an offender?
He should forward the case to the next superior
commander if recommendation for appropriate action.
19. What is the maximum number of hours of extra
duty per day that can be given under Article 15?
Extra duties may be required to be performed
at any time and duration of punishment, for any length of
time, as long as it does not impair health nor is demeaning
to the soldier.
20. If an accused believes that his punishment
under Article 15 is too harsh, he may appeal to whom?
The next superior authority.
21. Within how many days must an appeal of an
Article 15 be made?
Five calendar days from imposition of punishment.
22. Can the authority of a commanding officer
to impose punishments under Article 15 be delegated?
Yes, the GCM Convening Authority or any delegate
his authority to the Deputy or Assistant Commander.
23. What are the types of courts-martial?
- Summary
- Special
- Special, empowered to adjudge a Bad Conduct
Discharge
- General
24. What is the minimum number of court members
for each type of court-martial?
- Summary: None
- Any Special: Three
- General: Five
25. May enlisted personnel be members of a special
and general courts martial?
Yes. (one third of the members may be enlisted
personnel if requested by an accused).
26. Who may be tried by a courts-martial?
Any person subject to the UCMJ.
27. Who acts as president of a special or general
courts martial?
The senior member present.
28. May an accused have a civilian defense counsel
at his trial by courts martial?
Yes, at no expense to the government.
29. What is the maximum punishment authorized
by a summary courts martial?
E-4 and below may be reduced to E-l, confinement
for 30 days and forfeit 2/3’s pay per month for one
month. (Personnel in grades E-5 and above may only be reduced
one grade and may not be confined).
30. What is the maximum punishment authorized
by a special courts martial?
Reduction to E-l, confinement for 6 months and
forfeiture of 2/3’ s per month for 6 months.
31. What is the maximum punishment authorized
by a BCD special courts martial?
Bad Conduct Discharge, reduction to E-l, confinement
for 6 months and forfeiture of 2/3’s pay per month for
6 months.
32. What is the maximum punishment authorized
by a general courts martial?
Governed by the maximum allowable punishment
for each offense
33. What are three ways that a commander may
lawfully seize the property of a person in his unit?
Lawful searches and seizures, inspections, and
inventories.
34. What must a commander consider before authorizing
a search?
That there is probable cause that an offense
has been committed and that the items connected with the offense
will be found in the location he intends to search. |
