Legal Considerations

Question 1

What is the meaning of military jurisdiction?

Answer 1

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

Question 2

3 sources of military jurisdiction?

Answer 2

U.S. Constitution
Federal statutes
International laws

Question 3

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

Answer 3

U.S. Constitution

Question 4

Who is subject to the ucmj?

Answer 4

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

Question 5

What does article 5 of the ucmj state?

Answer 5

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

Question 6

Exclusive jurisdiction?

Answer 6

Federal government has sole authority to enforce laws

Question 7

Concurrent jurisdiction?

Answer 7

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

Question 8

Proprietary jurisdiction?

Answer 8

The US has the same rights as any property owner

Question 9

Reciprocal jurisdiction?

Answer 9

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

Question 10

Define an occupied territory?

Answer 10

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

Question 11

When declared, what does partial law provide?

Answer 11

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

Question 12

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

Answer 12

Unified, consolidated, common system of military justice

Question 13

What is the federal tort law?

Answer 13

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

Question 14

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

Answer 14

Stop questioning and advise individual of their rights

Question 15

What is spontaneous utterance?

Answer 15

When and individual you contact voluntarily makes an incriminating statement

Question 16

What does the 5th amendment of the constitution specify?

Answer 16

No self-incrimination

Question 17

What is a custodial situations?

Answer 17

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

Question 18

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

Answer 18

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

Question 19

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?

Answer 19

Active- article 31

Non active- 5th amendment

Question 20

How are MWDs used effectively in a unit?

Answer 20

Security, law enforcement, contingency operations

Question 21

What AF goal do drug detection dogs help support?

Answer 21

A drug free environment

Question 22

What type of searches is appropriate for detection dogs?

Answer 22

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

Question 23

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

Answer 23

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

Question 24

During security operations what is the MWDs primary mission?

Answer 24

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

Question 25

What is the greatest advantage of MWD teams?

Answer 25

Superior ability to detect individuals during times of low visibility

Question 26

How do we make MWDs more visible to the public?

Answer 26

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

Question 27

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

Answer 27

Base SJA

Question 28

What is an interview?

Answer 28

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

Question 29

What are specific reasons we interview?

Answer 29

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

Question 30

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

Answer 30

Fear of involvement, inconvenience or resentment

Question 31

Victims?

Answer 31

Interviewed to develop facts and may be emotionally upset

Question 32

Witnesses?

Answer 32

Has pertinent information to the case

Question 33

Complainants?

Answer 33

Reported the offense

Question 34

Suspects?

Answer 34

May have been involved in committing an offense

Question 35

What steps should the investigator in the preparation stage take?

Answer 35

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

Question 36

What is the first step in planning for an interview?

Answer 36

Determine time and place to conduct interview

Question 37

What is the alternating approach to interviewing?

Answer 37

Combination of direct and indirect approaches

Question 38

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

Answer 38

Terminate interview and reschedule

Question 39

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

Answer 39

Canvas and field

Question 40

What is the primary rule in testifying in court?

Answer 40

Tell the truth

Question 41

What actions should you take prior to testifying in court?

Answer 41

Review entire case file

Question 42

How should you present your testimony?

Answer 42

Loud and clearly to be heard by everyone

Question 43

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

Answer 43

Laws of armed conflict (LOAC)

Question 44

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

Answer 44

Article 2

Question 45

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

Answer 45

Tried overseas and stateside

Question 46

The types of jurisdiction found on US government installations are?

Answer 46

Exclusive, concurrent, proprietary, reciprocal

Question 47

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

Answer 47

Military government

Question 48

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

Answer 48

Army

Question 49

What are 2 types of martial law?

Answer 49

Qualified and absolute

Question 50

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

Answer 50

Absolute

Question 51

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

Answer 51

Military

Question 52

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

Answer 52

Article 92

Question 53

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

Answer 53

Private citizens

Question 54

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

Answer 54

Opinion and belief

Question 55

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

Answer 55

Legal office

Question 56

MWD teams used in law enforcement activities provide an effective?

Answer 56

Psychological deterrent

Question 57

When is a MWD detection ability more effective?

Answer 57

During darkness or low visibility

Question 58

When conducting building checks the MWD is normally?

Answer 58

On a leash

Question 59

The MWD team should always approach building from the?

Answer 59

Downwind side

Question 60

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

Answer 60

250 or more yards

Question 61

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

Answer 61

Bite and hold a suspect or search an unoccupied building

Question 62

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

Answer 62

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

Question 63

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

Answer 63

Allow another investigator do the interview

Question 64

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

Answer 64

Have a second investigator present

Question 65

The goal of any interview is to?

Answer 65

Obtain legally admissible statements

Question 66

What are the types of interview approaches?

Answer 66

Direct, indirect, alternating

Question 67

Which interview approach is primarily used to interrogate?

Answer 67

Direct approach

Question 68

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

Answer 68

To their supervisor, first sergeant or staff judge advocate