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Presentencing Procedure - 14134_215
Legalman 3 & 2 - Navy Lawyer / Jag training guide manuals
Punishment Chart - 14134_217
administrative  measure),  and  administrative  dis- charge. Jurisdictional  Maximum  Punishments In no case can an SPCM lawfully adjudge a sen- tence in excess of a BCD, confinement for 6 months, forfeiture of two-thirds pay per month for 6 months, and reduction to paygrade E-1. Within those outer limits are a number of variations of lesser forms of punishment that may be adjudged. Authorized  Punishments Appendix 12 and part IV, MCM, 1984, list the specific maximum punishments for each offense as determined by statutory provisions or by the President of  the  United  States  pursuant  to  authority  delegated by Article 56, UCMJ. An accused, as a general rule, may be separately punished for each offense of which he  or  she  is  convicted,  unlike  NJP  where  only  one punishment is imposed for all offenses. Thus, an ac- cused  convicted  of  unauthorized  absence  (Article  86), assault  (Article  128),  and  larceny  (Article  121)  is subject to a maximum sentence determined by total- ing  the  maximum  punishment  for  each  offense.  A chart  that  lists  punishments  authorized  at  each  type  of court-martial is illustrated in figure 7-3. We will ad- dress each individual type of punishment. PUNITIVE SEPARATION FROM THE SER- VICE.— An SPCM is empowered to sentence an en- listed accused to separation from the service with a BCD. This is true provided the discharge is authorized for one or more of the offenses for which the accused stands convicted or by virture of an escalator clause (dicussed later). An SPCM is not authorized to sen- tence any officer or warrant officer to separation from the service. A BCD is a separation from the service under conditions not honorable and is designed as a punishment for bad conduct rather than as a punish- ment for serious military or civilian offenses. It is also appropriate for an accused who has been convicted repeatedly  of  minor  offenses  and  whose  punitive separation  appears  necessary. The practical effect of this type of separation is less severe than a dishonorable discharge (DD), where the accused automatically becomes ineligible for al- most all veterans’ benefits. The effect of a BCD on veterans’ benefits depends upon whether it was ad- judged by a GCM or an SPCM, whether the benefits are administered by the service concerned or by the Department  of  Veterans  Affairs,  and  upon  the  particu- lar facts of a given case. CONFINEMENT.—  Confinement involves the physical restraint of an adjudged service member in a brig  or  prison.  Under  military  law,  confinement  auto- matically includes hard labor, but the law prefers that the  sentence  be  stated  as  confinement—omitting  the words  at  hard  labor.  Omission  of  the  words  hard labor does not relieve the accused of the burden of performing  hard  labor.  An  SPCM  can  adjudge  6 months’ confinement upon an enlisted service mem- ber, but may not impose any confinement upon an officer or warrant officer. Part IV, MCM, limits this punishment to an even lesser period for certain of- fenses.  As  an  example,  failure  to  go  to  appointed place  of  duty  (Article  86)  has  a  maximum  confine- ment punishment of only 1 month. HARD   LABOR   WITHOUT   CONFINE- MENT.— This form of punishment is performed in addition to routine duties and may not lawfully be used instead of regular duties. The number of hours per day and the character of the hard labor will be designated  by  the  immediate  CO  of  the  accused.  The maximum amount of hard labor that can be adjudged at an SPCM is 3 months. This punishment is impos- able only on enlisted persons and not upon officers or warrant officers. After each day’s hard labor assign- ment has been performed, the accused should then be permitted  normal  liberty  or  leave.  Hard  labor  means rigorous work but not so rigorous as to be injurious to the health of the accused. Hard labor cannot be re- quired to be performed on Sundays, but may be per- formed on holidays. Hard labor can be combined with any  other  punishment. RESTRICTION.—   Restriction  is  a  moral  re- straint  upon  the  accused  to  remain  within  certain specified limits for a specified time. Restriction may be imposed on all persons subject to the UCMJ, but not in excess of 2 months. Restriction is a less severe form  of  deprivation  of  liberty  than  confinement  or hard labor without confinement and may be combined with any other punishment. The performance of mili- tary duties can be required while an accused is on restriction. C O N F I N E M E N T    O N    B R E A D    A ND WATER/DIMINISHED  RATIONS.—  As its name suggests,  this  punishment  involves  confinement  cou- pled with a diet of bread and water or diminished rations. A diet of bread and water allows the accused as much bread and water as he or she can eat or drink. Diminished  rations  is  food  from  the  regular  daily 7-18

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