Articles & Laws

Question 1

Which articles are considered Punitive Articles?

Answer 1

Articles 77 through 134

Question 2

What article is used for military personnel rights advisements?

Answer 2

Article 31, UCMJ - Personnel who are subject to the UCMJ must always be informed of their Article 31 rights, before any questioning, as soon as they are suspected of a crime.

Question 3

What is Article 31(a)?

Answer 3

“No person subject to [the UCMJ] may compel any person to incriminate himself or to answer any questions the answer to which may tend to incriminate him.”

Question 4

What is article 31(b)?

Answer 4

Protects service members against compulsory self-incrimination and requires that they be informed of the alleged offense before being questioned.

“No person subject to [the UCMJ] may interrogate or request any statement from an accused or a person suspected of an offense without first informing him of the nature of the accusation and advising him that he does not have to make any statement regarding the offense of which he is accused or suspected and that any statement made by him may be used as evidence against him in a trial by court- martial.”

Question 5

What is the Posse Comitatus Act?

Answer 5

Prevents military from enforcing civilian law

Limits the powers of the federal government in the use of federal military personnel to enforce domestic policies within the U.S.

Question 6

What is article 113, UCMJ?

Answer 6

Drunken or reckless operation of a vehicle, aircraft, or vessel.

Question 7

What is article 92, UCMJ?

Answer 7

Failure to obey order or regulation.

Question 8

What is article 2, UCMJ?

Answer 8

Identifies who is subject to the UCMJ

Question 9

What is article 5, UCMJ?

Answer 9

Identifies where the UCMJ applies

Question 10

What is MCM Rule 302b/article 7b, UCMJ?

Answer 10

Authority to apprehend individuals subject to the UCMJ

Question 11

What is Title 18, Section 1382, U.S. code?

Answer 11

Authority to detain for civilians for on base offenses

Question 12

What is Article 136(b)?

Answer 12

Allows Security Forces to administer the oath to suspects, subjects, witnesses, and victims

Question 13

What are the 4 jurisdictions?

Answer 13

Exclusive: One entity has the authority to hear arguments related to controversy and make a decision.
-Proprietary: An entity exercising the form of jurisdiction has the legal authority of a property owner, so in situations involving civilian law enforcement.
-Concurrent: Two separate entities have the authority to perform the enforcement actions.
-Partial: Authority granted by a state to the federal government to legislate over an area.

Question 14

What are the two jurisdictions of EAFB?

Answer 14

Exclusive and Proprietary

Question 15

Where does jurisdiction come from?

Answer 15

U.S. Constitution
Federal States
International Law

Question 16

What is Jencks act?

Answer 16

Notes taken during the processing of crime scenes will be forwarded with incident report and become part of the case file

Question 17

What is the Assimilative Crimes Act?

Answer 17

When there is no federal law the state law will take over. (Speeding, there is no federal law for it)

Question 18

What is spontaneous utterance?

Answer 18

When an individual contacted by SF personnel voluntarily make an incriminating statement.

Question 19

What are the four authorities Security Forces have?

Answer 19

Detain, Apprehend, Report and Correct

Question 20

What is probable cause?

Answer 20

Reasonable belief that an offense has been or is being committed and the person to be apprehended committed or is committing it.

Question 21

What is reasonable belief?

Answer 21

There is reliable information that reasonable, prudent person would rely on, which makes it more likely than not that something is true