UCMJ – Flashcard
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What AR covers UCMJ?
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AR 27-10
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Does a person have to accept a UCMJ?
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No, he or she has the right to demand a trial by court martial.
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What kind of extra duty is an NCO given by an Article 15?
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Supervisory Duty only
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What is the UCMJ?
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The statue that prescribes criminal law for soldiers.
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How many articles are there in the UCMJ?
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There are 146 Articles in the UCMJ. There are also 12 sub articles. There are a total of 158.
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When was the UCMJ enacted?
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1950, congress enacted the UCMJ, which was based upon and replaced the Articles of War, which had been around in various forms since 1775.
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The UCMJ is compromised of how many punitive articles?
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61
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What are the maximum punishments that company commanders may impose?
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o 14 days extra duty o 14 days restriction o 7 days correctional custody (E3 and below) o 7 days forfeiture of pay o 1 grade reduction (E4 and below) o oral and written letter of reprimand
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What does the UCMJ establish?
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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.
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What are three classifications of Article 15s?
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o Summarized o Company Grade o Field Grade
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What DA Form is used to record Summarized Atricle 15 proceedings?
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DA Form 2627-1
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What are Articles 77-134 known as?
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Punitive Articles
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In what publication will you find the Constitution?
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Manual for Courts Martial
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Military Justice is administered at what 2 levels?
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Nonjudicial-Article 15s Judicial- Courts Martial
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Who may impose an A15?
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Any commanding officer
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What is the max number of days extra duty that may be given by a field grade commander?
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45 days
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What is the statute of limitations for punishment by A15?
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>2 years from imposition
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What article is designed to protect the rights of the soldier?
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Article 31
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What right does a SM have in addition to article 31?
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Right to: remain silent/ have counsel present/ due process/ search and seizure/ protection against double jeopardy/ sentence reveiw/ speedy trial/ call favourable witnesses/ trial by courts martial
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What are the 3 types of Court martial?
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Summary General Special
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What is the max sentence you can be judged by a general court martial?
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Death
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What are the 5 types of discharges?
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honorable/ general/ other that honorable/ bad conduct/ dishonorable
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Which amendment protects SM from unreasonable search and seizures?
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4th Amendment
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What amendment provides that no person shall be compelled to bear witness against himself?
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5th Amendment
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The right to a speedy trial is guaranteed by what amendment?
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6th amendment and Article 10 of UCMJ
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Under UCMJ, a SM must not be questioned until SM has been informed of right to counsel. This is pursuant to what Supreme Court Case?
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Miranda vs Arizona
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What does MCM stand for and what does it do?
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Manual for Courts Martial Explains what conduct is a violation of UCMJ, sets rules of evidence, list max punishment for each offense.
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What is the highest court in the Army?
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the court of appeals for the armed forces
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What article of the UCMJ covers commanding Officers Nonjudicial punishment?
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Article 15
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What article of the UCMJ gives soldiers guidance if they have been wronged by a CO?
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Article 138
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What article of the UCMJ covers drunken or reckless driving?
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Article 111
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What is the Lautenberg amendment?
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Makes it a felony offense for those convicted of misdemeanor crimes of domestic violence to ship, transport, possess, or receive firearms or ammo.
