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Cdc1 > Legal Considerations > Flashcards

Legal Considerations Flashcards

1
Q

What is the meaning of military jurisdiction?

A

The authority, capacity, power and right of the military to police there own

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2
Q

3 sources of military jurisdiction?

A

U.S. Constitution
Federal statutes
International laws

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3
Q

What source of military jurisdiction provides the president with the title commander in chief?

A

U.S. Constitution

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4
Q

Who is subject to the ucmj?

A

Active, retired, cadets, aviation cadets, midshipmen, regular component members entitled to military pay, reserve on active duty orders, person in custody of armed forces serving a court martial, pow in custody of armed force

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5
Q

What does article 5 of the ucmj state?

A

It applies everywhere whether on an airplane, a ship, or overseas

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6
Q

Exclusive jurisdiction?

A

Federal government has sole authority to enforce laws

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7
Q

Concurrent jurisdiction?

A

Both state and federal government have authority to enforce the law on installations

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8
Q

Proprietary jurisdiction?

A

The US has the same rights as any property owner

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9
Q

Reciprocal jurisdiction?

A

All DOD branches have adjudication power over persons subject to the code

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10
Q

Define an occupied territory?

A

An area not located in the US or one of its possessions

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11
Q

When declared, what does partial law provide?

A

For the relief and rehabilitation of the people, resumption of industrial production, reestablishment of a shattered economy, and the protection of life and property

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12
Q

What does the UCMJ provide all branches of the armed forces?

A

Unified, consolidated, common system of military justice

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13
Q

What is the federal tort law?

A

Body of rights, obligations and remedies applied by counts in civil proceedings to provide relief for persons who have suffered harm from wrongful acts of others

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14
Q

What should you do if while questioning a witness he or she says something incriminating or that may be incriminating or causes suspicion?

A

Stop questioning and advise individual of their rights

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15
Q

What is spontaneous utterance?

A

When and individual you contact voluntarily makes an incriminating statement

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16
Q

What does the 5th amendment of the constitution specify?

A

No self-incrimination

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17
Q

What is a custodial situations?

A

One, where although not detained or apprehended, the suspects freedom of movement is restrained

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18
Q

When are individuals subject to the ucmj advised of their article 31 rights?

A

As soon as they are suspected of a crime and always prior to any questions

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19
Q

What rights advisement is used for ANG personnel while on title 10/ federal orders and AFR personnel on active orders serving in an active duty position, and what rights advisement is used for ANG and AFR personnel not on active orders?

A

Active- article 31

Non active- 5th amendment

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20
Q

How are MWDs used effectively in a unit?

A

Security, law enforcement, contingency operations

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21
Q

What AF goal do drug detection dogs help support?

A

A drug free environment

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22
Q

What type of searches is appropriate for detection dogs?

A

Building, vehicle, baggage, packages, aircraft, general sweeps

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23
Q

Before releasing an MWD inside a building, what factors must the handler consider?

A

Danger to self and dog, type and size of building, time of day, indication of forced entry, possibility of innocent person inside

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24
Q

During security operations what is the MWDs primary mission?

A

Deter, detect, and detain intruders in areas surrounding AF resources

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25
Q

What is the greatest advantage of MWD teams?

A

Superior ability to detect individuals during times of low visibility

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26
Q

How do we make MWDs more visible to the public?

A

By holding periodic MWD demonstrations making them as realistic as possible publicizing them well, planning them so a lot of people can attend

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27
Q

Who provides specific guidance on using MWDs to conduct searches on base?

A

Base SJA

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28
Q

What is an interview?

A

The questioning of a person who has, or believed to have information of official interest to the interview

29
Q

What are specific reasons we interview?

A

To gain info in order to establish the facts of a crime and to develop background info or specific crimes and or offenses

30
Q

What are the reasons for an interviewees reluctance to talk to investigators?

A

Fear of involvement, inconvenience or resentment

31
Q

Victims?

A

Interviewed to develop facts and may be emotionally upset

32
Q

Witnesses?

A

Has pertinent information to the case

33
Q

Complainants?

A

Reported the offense

34
Q

Suspects?

A

May have been involved in committing an offense

35
Q

What steps should the investigator in the preparation stage take?

A

Familiarity with the case, background of the interviewee, information sought, seek clear specifics

36
Q

What is the first step in planning for an interview?

A

Determine time and place to conduct interview

37
Q

What is the alternating approach to interviewing?

A

Combination of direct and indirect approaches

38
Q

What process should the investigator follow if the interviewee becomes emotionally distraught or stunned following an interview?

A

Terminate interview and reschedule

39
Q

What are the most common types of interviews SF will accomplish on a day to day basis?

A

Canvas and field

40
Q

What is the primary rule in testifying in court?

A

Tell the truth

41
Q

What actions should you take prior to testifying in court?

A

Review entire case file

42
Q

How should you present your testimony?

A

Loud and clearly to be heard by everyone

43
Q

What example of international law was reached at The Hague and Geneva convention?

A

Laws of armed conflict (LOAC)

44
Q

Which uniform code of military justice article states who is subject to military jurisdiction or military law?

A

Article 2

45
Q

If a person subject to military law commits an offense overseas that person can be?

A

Tried overseas and stateside

46
Q

The types of jurisdiction found on US government installations are?

A

Exclusive, concurrent, proprietary, reciprocal

47
Q

When an occupying power exercises all authority over an occupied territory it is known as a?

A

Military government

48
Q

Which US service has the primary responsibility of operations and administration during military government?

A

Army

49
Q

What are 2 types of martial law?

A

Qualified and absolute

50
Q

Which type of martial law exists when military authority totally replaces civil authority?

A

Absolute

51
Q

What law sets the standards of behavior for members of the armed forces through the ucmj?

A

Military

52
Q

Which ucmj article gives you the authority to issue lawful orders executing your duties as a sf member?

A

Article 92

53
Q

Who may request a civil proceeding under the federal tort law?

A

Private citizens

54
Q

In determining whether an individual is a suspect, you should not base this decision on?

A

Opinion and belief

55
Q

Whenever you have doubts concerning rights advisement who or what office should you consult?

A

Legal office

56
Q

MWD teams used in law enforcement activities provide an effective?

A

Psychological deterrent

57
Q

When is a MWD detection ability more effective?

A

During darkness or low visibility

58
Q

When conducting building checks the MWD is normally?

A

On a leash

59
Q

The MWD team should always approach building from the?

A

Downwind side

60
Q

Under ideal conditions at what distance can the average MWD detect and respond to intruders?

A

250 or more yards

61
Q

MWD should always remain on a leash except when they must?

A

Bite and hold a suspect or search an unoccupied building

62
Q

Before releasing a MWD to search a suspected unoccupied building the handler must?

A

Give a verbal warning stating you are about to release the dog

63
Q

If a personality conflict occurs during an interview the investigator should?

A

Allow another investigator do the interview

64
Q

If a same sexy sf member cannot be present during an interview what should you do?

A

Have a second investigator present

65
Q

The goal of any interview is to?

A

Obtain legally admissible statements

66
Q

What are the types of interview approaches?

A

Direct, indirect, alternating

67
Q

Which interview approach is primarily used to interrogate?

A

Direct approach

68
Q

Air Force personnel who are subject of an investigation must be released?

A

To their supervisor, first sergeant or staff judge advocate

Cdc1 (3 decks)

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