PART II- COURT MARTIAL RULES/DEFINITIONS
Rule 302. _______ is the taking of a person into custody.
Apprehension (II-20).
Article 92
Failure to obey order or regulation
Article 81- Any person who conspires with any other person to commit an offense
Conspiracy
Nonjudicial punishment is a______ measure more serious than the administrative corrective measures, but less serious than trial by court-martial.
disciplinary
is the least severe form of deprivation of liberty and involves moral rather than physical restraint.
Rule 305. _________ is physical restraint, imposed by order of competent authority, depriving a person of freedom pending disposition of charges.
Pretrial Confinement (II-25)
Article 107- False swearing and _________.
False official statements
Article 87- Any person who, through neglect or design, misses the movement of a ship, aircraft, or unit with which the person is required in the course of duty to move AND any person who wrongfully and intentionally jumps into the water from a vessel.
Missing movement; jumping from vessel
_________ provides an incentive to the offender and gives an opportunity to the commander to evaluate the offender during this period.
Suspension
Maximum punishment if imposed upon a person attached to or embarked in a vessel, confinement for not more than ____ consecutive days.
3
Rule 308. Notification to the accused of _____ and required disclosures.
Charges. DD Form 458; charge sheet (II-35)
Article 105- Any person who, with intent to defraud by false/altered signatures/writings.
Forgery
Article 85- without authority goes or remains absent from his unit, organization, or place of duty with intent to remain away therefrom permanently; (2) quits his unit, organization, or place of duty with intent to avoid hazardous duty or to shirk important service; or (3) without being regularly separated from one of the armed forces enlists or accepts an appointment in the same or another one of the armed forces without fully disclosing the fact that he has not been regularly separated, or enters any foreign armed service except when authorized by the United States
Desertion
The following persons may serve as a nonjudicial punishment authority for the purposes of administering nonjudicial punishment proceedings
Commanders, Officer in Charge, Principal Assistants
This punishment may be imposed only on an officer- required to remain within quarters during the period of punishment unless the limits of arrest are otherwise extended by appropriate authority.
Arrest in Quarters. (Quarters of an Officer may consist of a military residence, whether a tent, stateroom, or other quarters assigned, or a private residence when government quarters have not been provided.)
Rule 401. Forwarding and disposition of charges in general. When charges are forwarded to a superior commander with a view to trial by general or special court-martial, they should be forwarded by a_____ or ______.
Letter of transmittal or endorsement.
To the extent practicable without unduly delaying forwarding the charges, the letter should include or carry as enclosures: a summary of the available evidence relating to each offense; evidence of previous convictions and nonjudicial punishments of the accused; an indication that the accused has been offered and refused nonjudicial punishment, if applicable; and any other matters required by superior authority or deemed appropriate by the forwarding commander. (II-39).
Article 89-_____ toward superior commissioned officer; _____ of superior commissioned officer
Disrespect; assault
Article 83
Any person with the intent to avoid work, duty, or service
(1) feigns illness, physical disablement, mental lapse, or mental derangement; or
(2) intentionally inflicts self-injury
Malingering
Any Servicemember punished who considers the punishment to be unjust or disproportionate to the offense may____ through the proper channels to the next superior authority.
Appeal
If imposed by an officer exercising general court-martial jurisdiction, an officer of general or flag rank in command, or a principal assistant, punishment imposed upon commissioned officers and warrant officers, the maximum punishment for arrest in quarters is _____ consecutive days.
30
A ______is a plain, concise, and definite statement of the essential facts constituting the offense charged. *Hint*- If there is only one of these under a charge it is not numbered.
Specification (II-32,33)
Article 103- Any person who in time of war is found lurking as or acting as a ____ in or about any place, vessel, or aircraft, within the control or jurisdiction of any of the armed forces, or in or about any shipyard, any manufacturing or industrial plant, or any other place or institution engaged in work in aid of the prosecution of the war by the United States.
Article 86- This article is designed to cover every case not elsewhere provided for in which any member of the armed forces is through the member’s own fault not at the place where the member is required to be at a prescribed time.
Absence without leave
An appeal shall be submitted within ____ days of imposition of punishment, or the right to appeal shall be waived.
5
____ are two forms of censure intended to express adverse reflection upon or criticism of a person’s conduct.
Admonition and Reprimand