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Accounting /The Army Study Guide: Military Justice AR 27-10 Part 2

The Army Study Guide: Military Justice AR 27-10 Part 2

Accounting15 CardsCreated about 2 months ago

This deck covers key concepts of military justice under AR 27-10, including nonjudicial punishment procedures, rights of soldiers, and the roles of commanders and NCOs.

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Para 3-9 If a Soldier is given Nonjudicial punishment for what is thought to be a minor offense that was actually Not a Minor Offense can the Soldier still be tried by a court martial?

Yes; (even when thought by the Commander to be minor it is not a bar to subsequent trial by court martial if that offense would normally be tried by court martial
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Key Terms

Term
Definition
Para 3-9 If a Soldier is given Nonjudicial punishment for what is thought to be a minor offense that was actually Not a Minor Offense can the Soldier still be tried by a court martial?
Yes; (even when thought by the Commander to be minor it is not a bar to subsequent trial by court martial if that offense would normally be tried by c...
Para 3-9 When Nonjudicial punishment has been imposed for an offense can punishment be imposed again for the same offense under UCMJ, Art. 15?
No; Once Nonjudicial punishment has been imposed, it may not be increased, upon appeal or otherwise.
Para 3-9 Can a Commander issue multiple punishments to a Soldier under UCMJ?
all known offenses determined to be appropriate for disposition by Nonjudicial punishment and ready to be considered at that time, including all offen...
Para 3-12 How long after an incident can Nonjudicial Punishment be imposed?
Not more than 2 years before the date of imposition
Para 3-12 What is the Statute of Limitations for Nonjudicial Punishment?
2 Years; unless the Soldier concerned is absent without authority; fleeing from justice; outside the territory where the United States has authority t...
Para 3-16 What are the two types of Nonjudicial Punishment that a Company Commander may impose?
Summary or Company Grade
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The Army Study Guide: Military Justice AR 27-10 Part 2
TermDefinition
Para 3-9 If a Soldier is given Nonjudicial punishment for what is thought to be a minor offense that was actually Not a Minor Offense can the Soldier still be tried by a court martial?
Yes; (even when thought by the Commander to be minor it is not a bar to subsequent trial by court martial if that offense would normally be tried by court martial
Para 3-9 When Nonjudicial punishment has been imposed for an offense can punishment be imposed again for the same offense under UCMJ, Art. 15?
No; Once Nonjudicial punishment has been imposed, it may not be increased, upon appeal or otherwise.
Para 3-9 Can a Commander issue multiple punishments to a Soldier under UCMJ?
all known offenses determined to be appropriate for disposition by Nonjudicial punishment and ready to be considered at that time, including all offenses arising from a single incident or course of conduct, will ordinarily be considered together and not made the basis for multiple punishments
Para 3-12 How long after an incident can Nonjudicial Punishment be imposed?
Not more than 2 years before the date of imposition
Para 3-12 What is the Statute of Limitations for Nonjudicial Punishment?
2 Years; unless the Soldier concerned is absent without authority; fleeing from justice; outside the territory where the United States has authority to apprehend; in the custody of civil authorities; or, in the hands of the enemy
Para 3-16 What are the two types of Nonjudicial Punishment that a Company Commander may impose?
Summary or Company Grade
Para 3-16 What is the maximum punishment for a Summary Article 15?
Extra duties for 14 days.; Restriction for 14 days.; Oral reprimand or admonition.; Any combination of the above.
Para 3-16 Is the Soldier allowed to consult defense if receiving a Summary Article 15?
No
Para 3-16 Is a Soldier allowed to demand Trial by Court Martial if receiving a Summary Article 15?
Yes
Para 3-16 Under a Summary Article 15 how long is normally given to the Soldier to decide if they choose to demand trial by court martial?
usually 24 hours
Para 3-16 How long is a Soldier normally given to Appeal a Summary Article 15?
Normally no longer than 5 days
Para 3-18 Can a Commander delegate the notification of Article 15 to authorize a commissioned officer or NCO?
Yes as long as it is a SFC or above and provided such person is senior to the Soldier being notified,
Para 3-18 Who should the NCO performing the notification normally be?
The First Sergeant or Senior NCO of the Organization
Para 3-18 Does the Soldier have right to counsel if it is a Company Grade or Higher Article 15?
Yes
Para 3-18 How long will a Soldier be given to consult with Counsel?
Normally 48 hours unless it proves difficult at the duty station at which Legal will advise the Commander of the time frame