Article 134 - ANSWER-Conduct Prejudicial to Good Order and Discipline
-the general rule
-criminalizes all conduct of a nature to bring discredit to the armed forces (adultery, drunk and disorderly, failure to pay just debts, false swearing, fraternization, indecent acts with a child, obstructing ...
Article 134 - ANSWER-Conduct Prejudicial to Good Order and Discipline
-the general rule
-criminalizes all conduct of a nature to bring discredit to the armed forces (adultery,
drunk and disorderly, failure to pay just debts, false swearing, fraternization, indecent
acts with a child, obstructing justice, stolen valor type offenses; not an exhaustive list)
Article 15 - ANSWER-Non-punitive measure; at the CDR's discretion.
Three types of Courts Martial - ANSWER-1. Summary Court Martial
2. Special Court Martial
3. General Court Martial
Summary Court - ANSWER-This type of court martial is only for enlisted members and
tries only minor offenses. Instead of a military judge, a commissioned officer is
appointed to preside over proceedings.
Not entitled to military defense attorney-can hire civilian attorney
-Soldier must consent to Summary CM.
Special Court Martial - ANSWER-The intermediate trial court in the military's criminal
justice system. Convened by a Brigade Commander. Can try enlisted, warrant officers,
and commissioned officers. Two forms: military judge and not less than 3 members.
military judge sitting alone.
General Court Martial - ANSWER-The highest military trial court and is usually
convened by a general officer. Requires more formal detailed administrative procedures
than either a summary or special court-martial. Requires Article 32 Investigation.
Maximum Punishment for Summary Court Martial - ANSWER--confinement cannot
exceed 1 month
-hard labor w/out confinement for 45 days
-restriction for 2 months
-forfeit 2/3s of one month's base pay reduction to e-1.
-E-5 to E-9 can only be reduced 1 grade and may not be confined or placed in hard
labor w/out confinement.
Maximum Punishment for Special Court Martial - ANSWER-Forfeit 2/3 base pay per
month for 6 months
-confinement of 6 months and reduction to E-1.
-Commissioned officers may not be dismissed or confined at a special court martial
Maximum Punishment for a General Court Martial - ANSWER-Any sentence authorized
by the President to include;
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