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Military Justice and the Law of War

Military Justice and the Law of War

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Published by: United States Militia on Sep 18, 2009
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10/20/2011

Considering
Recommenda-
tions

When making recommendations to the commander on the disposition of
offenses, the SNCO should consider if the charges fall into the category of a
minor offense. NJP may be imposed for acts or omissions that are minor
offenses under the punitive articles. The severity of an offense depends on
several relevant factors:

• Nature of the offense and the circumstances surrounding its commission
• Offender’s age, rank, duty assignment, record, and experience
• Maximum sentence possible for the offense if the defendant is tried by a
general court-martial

The final decision whether an offense is minor is a matter of discretion for the
commander imposing NJP.

Other
Considerations

Other considerations when deciding punishment are mitigating, extenuating,
and aggravating circumstances which is discussed in study unit 1.

Punishments

The commander may solicit any additional mitigating circumstances about
the accused from the SNCO’s present at the proceedings before punishment is
imposed. The amount of punishment authorized under Article 15 by
commander’s grade is discussed in study unit 1.

Commander’s
Suspension
Authority

Commanders should consider suspending all or part of any punishment
selected under Article 15, particularly in the case of first offenders or when
significant extenuating or mitigating matters are present. The possibility of
suspension provides an incentive to the offender and gives the commander the
opportunity to evaluate the offender during the period of suspension.

Appeals

After punishment has been imposed, the commander or NJP authority will
brief the service member on the NJP appeals process. This process applies to
any service member punished under Article 15 who considers the punishment
to be unjust or disproportionate to the offense. The senior SNCO will assist
the Marine through the appeals process.

MCI Course 8202

4-10

Study Unit 4, Lesson 1 Exercise

Lesson 1 Exercise

Estimated
Study Time

10 minutes

Directions

Complete the following items. Check your answers against those listed at the
end of this study unit. If you have any questions, refer to the reference page
listed for each item.

Item 1

The purpose of the NJP is to

a. provide commanders with an essential and prompt means of maintaining
good order and discipline.
b. promote discipline within UCMJ.
c. provide a basic and efficient means of maintaining good behavior.
d. provide positive changes in UCMJ.

Item 2

What is the commander’s responsibility in NJP?

a. Good leadership and guidance in their commands
b. Good order and discipline in their commands
c. Honest and fair disposition in NJP proceedings
d. Upholding the rules and regulations of the UCMJ

Item 3

Which is one of the four factors a commander considers when conducting
NJP?

a. Need for discipline
b. Extenuating circumstances
c. Record of the service member
d. The offender’s rank

Continued on next page

MCI Course 8202

4-11

Study Unit 4, Lesson 1 Exercise

Lesson 1 Exercise, Continued

Item 4

Which option is included in the notice given to the accused?

a. Have witnesses present
b. Refuse NJP and demand a trial by court-martial
c. Destroy any evidence or materials used against the accused
d. Make a statement in defense of the accused

Item 5

The accused has a right under the NJP to

a. be informed of his or her rights under Article 31.
b. a speedy trial.
c. be released on his own recognizance.
d. influence the jury.

Item 6

Which is not a commander’s option when disposing of an offense?

a. Punitive action
b. Forwarding to a superior authority
c. Administrative action
d. No action

Continued on next page

MCI Course 8202

4-12

Study Unit 4, Lesson 1 Exercise

Lesson 1 Exercise

Answers

The table below provides the correct answers to the exercise items. If you
have any questions, refer to the reference page listed for each item.

Item Number

Answer

Reference Page

1

a

4-4

2

b

4-4

3

c

4-4

4

b

4-5

5

a

4-7

6

a

4-8

MCI Course 8202

4-13

Study Unit 4, Lesson 2

LESSON 2

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