Which of the following is a non punitive measure or options are available to commanders
ADMINISTRATION-Military JusticeLearning objectivesHere are the learning objectives for this lesson.•Identify the purpose of the military justice system.•Identify when to use counseling, non-punitivemeasures, adverse page 11 entries, 6105 entries,and non-judicial punishment.•Recognize the limitations associated withconducting extra military instruction.•Identify privileges that may be temporarilywithheld as an administrative correctivemeasure.•Select the contents that may be included in a non-punitive letter of caution.•Differentiate between a page 11 and 6105 entry.•Identify the types of punishments that may beimposed as a result of non-judicial punishment.•Identify the maximum punishment authorized as aresult of non-judicial punishment.•Identify the negative consequences associatedwith misconduct.Military lawPURPOSE Show The primary purpose of the military justice systemis to provide a framework of law that promotesgood order and discipline and provides a means forthe adjudication of offenses.Military commanders have a variety of methodsavailable to enforce good order and disciplinewithin a unit.These methods range from mild administrativemeasures (such as counseling) to non-judicialpunishment (NJP) and general courts-martial.JURISDICTIONThe UCMJ applies to:•Active duty military personnel•Retired or reserve members who are entitled topay or benefits•Cadets and midshipmen who attend militaryacademiesLEVELS OF THE JUSTICE SYSTEMThe military justice system provides a means toenforce military laws.Once a violation has been investigated andsubstantiated by a commanding officer, he or shemust then decide if prosecution is warranted, and ifso, at what level. The levels are:•Non-judicial punishment (NJP)•Summary court-martial (SCM)•Special court-martial (SPCM)•General court-martial (GCM)•Court of military review (CMR)•United States Court of Military Appeals (USCMA)•United States Supreme CourtLEVELS OF THE JUSTICE SYSTEMUnderstanding the military justice system isextremely important.It is also important to understand the legal toolsavailable at your current level to help maintaingood order and discipline within your unit.These tools include:•Formal and informal counseling•Non-punitive measures•Adverse page 11 recommendations•Charge sheetsThe purpose of the military justice system is to provide aframework of law that promotes ___________ andprovides a means for the adjudication of the offenses ** Good order and discipline*CounselingPURPOSECounseling is a basic leadership responsibility.Senior Marines have the responsibility of providingtheir junior Marines with effective counseling.The primary purpose of counseling is to improveindividual and unit performance. This isaccomplished through effective communication. Upload your study docs or become a Course Hero member to access this document Upload your study docs or become a Course Hero member to access this document End of preview. Want to read all 171 pages? Upload your study docs or become a Course Hero member to access this document Tags United States Marine Corps, Non commissioned officer, corporal, Marines Prosecutorial Discretion. In civilian communities, police and prosecutors exercise discretion in deciding whether an offense should be charged and offenders punished. In the military, commanders make this decision. Once the investigation is complete, the commander must make a decision about how to dispose of the case. Throughout the investigation, the commander has a lawyer (judge advocate) available to assist and provide advice. With the assistance of his lawyer, the commander decides whether a case will be resolved administratively, through a nonjudicial punishment action under Article 15, UCMJ, or referred to trial, and what the charges will be. The disposition decision is one of the most important and difficult decisions facing a commander. Each commander in the chain of command has independent, yet overlapping discretion to dispose of offenses within the limits of the officer�s authority. The commander at the lowest level makes the initial decision regarding disposition. Under the Uniform Code of Military Justice (UCMJ), superior commanders may not seek to improperly influence the subordinate commander�s exercise of independent judgment or disciplinary action. However, nothing prevents a superior commander from withholding authority to himself or herself to dispose of offenses in individual cases or types of cases (e.g., officers; drug cases, DUI). Levels Of Disposition.Charges can be disposed of at four levels within the military justice system: by the
Each commander or convening authority within the military justice chain has a range of available options and each commander exercises discretion in selecting one of the available options or makes a recommendation to a higher commander. As charges progress up the military justice chain, the convening authority has more options available. Any higher-level convening authority has all the powers and alternatives of any lower-level convening authority or commander. Thus a summary court-martial convening authority has available all the options of the immediate commander and additional alternatives as a convening authority. Similarly, a special court-martial convening authority is empowered to convene a summary court-martial as well as a special court-martial. Finally, a general court-martial convening authority possesses all the powers of the subordinate commanders and convening authorities. Commander�s Range Of Options. The commander has a number of options available for the resolution of disciplinary problems. Briefly summarized, they are as follows:
The Accuser and How Charges Are Filed. The person who signs the charge sheet and attests to the accuracy of the charges is known as the accuser. Charges are filed under the Uniform Code of Military Justice by act of "preferral." Although, any person subject to the Uniform Code of Military Justice may prefer charges, in most instances the unit commander prefers the charges. Preferral Process. Charges are preferred (formally initiated) when the accuser, under oath, signs them before a commissioned officer of the armed forces authorized to administer oaths. The accuser must also state that he has personal knowledge or has investigated the matters set forth therein and believes they are true in fact to the best of his or her knowledge and belief. When an immediate commander acts as accuser, the commander may rely on the information developed in an investigative report. What are nonIncluded among non-punitive measures are denial of pass or other privileges, counseling, administrative reduction in grade, administrative reprimands and admonitions, extra training (see Army Regulation (AR) 600–20), bar to reenlistment, and military occupational specialty (MOS) reclassification.
What is nonNon-punitive Censure. Statement of adverse opinion or criticism of an individual's conduct or performance of duty expressed by a superior in the member's chain of command.
Which of the following are nonverbal communication techniques you can practice to improve the delivery of your presentation?Through the use of eye contact, vocals, body posture, gestures, and facial expression, you enhance your message and invite your audience to give their serious attention to it—and to you.
Which of the following are privileges that may be temporarily withheld as an administrative corrective measure?Examples of privileges that may be temporarily withheld as administrative corrective measures are: special liberty; exchange of duty; special command pro- grams; access to base or ship libraries, base or ship movies, or enlisted or officers' club; or base parking.
|