What is Article 39 a session?
A session of a court-martial called by the military judge either before the members (jurors) are seated or, after that phase of the trial has begun, without the members of the court being present.
What is Article 32 UCMJ?
Article 32 of the UCMJ requires any service member accused of violating any Punitive Article of the UCMJ to undergo a preliminary hearing. This hearing functions similarly to an arraignment or pretrial hearing in civilian criminal court.
What is an Article 31 UCMJ?
Article 31 of Uniform Code of Military Justice (10 U.S.C. § 831) protects service members against compulsory self-incrimination and requires that they be informed of the alleged offense before being questioned.
What is Article 41 of the UCMJ?
Challenges. The military judge and members of a general or special court-martial may be challenged by the accused or the trial counsel for cause stated to the court.
What happens after a court-martial?
In General Courts-Martial, service members face a wide range of punishments, including confinement, reprimand, loss of all pay and allowances, reduction to the lowest enlisted pay grade, a punitive discharge (bad-conduct discharge, dishonorable discharge, or dismissal), restrictions, fines, and, in some cases, capital …
What happens at a military arraignment?
Arraignment consists of a reading of the charges and specifications to the accused during a court-martial session. After the charges are read, the accused is then allowed, but not required, to plead either guilty or not guilty to the charges, though entry of pleas often takes place at a later session of court.
What is Article 91 of the UCMJ?
Understanding Article 91 (Insubordinate Conduct Toward Warrant Officer, Noncommissioned Officer, or Petty Officer) of the UCMJ. The purpose of Article 91 is to protect warrant, noncommissioned, or petty officers from disrespect and violence as well as ensuring obedience to their lawful orders.
What is Article 13 UCMJ?
Article 13 of the Uniform Code of Military Justice (UCMJ) prohibits the imposition of punishment or penalty upon an accused prior to trial, as well as pretrial arrest or confinement conditions which are more rigorous than “the circumstances required” to ensure the Soldier’s presence at trial.
What is UCMJ 30?
Charges and specifications. (2) shall be preferred by presentment in writing, signed under oath before a commissioned officer of the armed forces who is authorized to administer oaths. (2) the matters set forth in the charges and specifications are true, to the best of the knowledge and belief of the signer.
What are the Punitive Articles of the UCMJ?
Text . “Any commissioned officer,cadet,or midshipman who is convicted of conduct unbecoming an officer and a gentleman shall be punished as a court-martial may direct.”
How many Punitive Articles UCMJ?
– Members of a regular component of the armed forces – Cadets and midshipmen – Reserve component and National Guard members when traveling to duty or between training periods on the same day or consecutive days.
What are the Articles of the UCMJ?
Article 86: Absence without leave (AWOL).
What is an UCMJ punishment?
That there was in effect a certain lawful general order or regulation;