Class Quiz Flashcards
Statute created by Congress to administer criminal justice in the military is known as the?
Uniform Code of Military Justice (UCMJ)
Statute that permits arrests and trial for certain DoD civilians overseas is known as?
Military Extraterritorial Jurisdiction Act (MEJA)
Jurisdiction under the UCMJ is _____, not geographical and applies _________.
personal/worldwide; all the time, anywhere in the world
To prosecute someone under the UCMJ that person must have committed an offense under the Code and must be subject to the code at the time of the _____ and at the time of the_______
offense; trial
In the military, an accuser must be _______
subject to the code
Describe the role the AUSA plays in the military justice system.
AUSA is not part of the military justice system
Who is ultimately responsible for maintaining good order and discipline in the command?
Commander
Trial Counsel perform what function in the Military Justice System
Prosecutor
Active duty military agents are not permitted to arrest _____
civilians
What is required to enter private dwelling on a military installation to arrest an active duty member of the armed forces?
search authorization granted by the installation commander
who makes the determination on how to resolve allegations of criminal misconduct against those subject to the code?
commander
When an accuser formally swears to charges against someone subject to the code, this is known as what?
Preferral
When a Convening authority forwards a case to court-martial, this is know as what?
Referral
What is required before any case is taken to General Court-Martial
Article 32
Article 31 Rights are required when a person subject to the code is:
suspected/accused of committing a crime; in custody; interrogated by an individual subject to the code (includes agents); questions must be related to crime they are suspect of perpetrating
What is the additional 5th Amendment right given to those subject to the code
not limited to custodial interrogations
In the military, the 6th amendment right to counsel is triggered by what?
request for counsel and if they are in custody
In the Navy and Marine Corps, who typically signs Search Authorizations?
A commander
T/F : A service member has no reasonable expectation of privacy in government property issued for personal use.
False
In a government vehicle, where does a service member have REP?
On their person and within their own containers
If the agency wants to conduct a search of a private residence house on a military installation, is a search authorization required?
Yes, by the installation commander
T/F: An installation commander may authorize the search of a private vehicle while it is on the installation
True
To search of a military member’s private residence off the military installation, what does NCIS need to obtain to do that search?
A search warrant
What is an exception to the spouse communication privilege?
Sham marriage, child abuse, joint illegal activity
Certain state crimes may be assimilated into the UCMJ using what punitive article?
Article 134
To convict under clause 1 and 2 of Article 134, what two elements must the government prove?
Good order and discipline; discredit upon the armed forces
What is the primary difference between a sexual act and sexual conduct under Article 120 of the UCMJ
Penetration (Sex act); Touching (Sex contact)
