Military Law Flashcards
Searches
QUICKMAN: Page 17
Military Rule of Evidence 311
Military Rule of Evidence 316
What are some of the things to know regarding search and seizure?
CO or officer must be neutral and detached (was not the victim of the offense).
Your marine must give Consent, which is voluntary, can be limited or withdrawn.
Non-delegable authority (actual or acting).
Must be based on probable cause.
CO can authorize search of person.
CO can authorize search of property under their immediate control, not elsewhere (off base).
CO may not authorize the search of off-base property, must work with NCIS and civilian authorities to get a warrant
Can you authorize a search as a LT?
No, you are not the CO
When can you schedule a Health and Comfort Inspection?
Only for security, military fitness, good order and discipline or readiness. Not for evidence. Dont schedule one after positive drug tests, possible subterfuge
Where can I look up information regarding Article 31 of the UCMJ?
Quickman page 16
What is Article 31(B) of the UCMJ?
Military version of Miranda rights
No person may be compelled to incriminate themselves
Must let them know that they will be asked questions
If they remain silent or ask for a lawyer, the command must not ask any further questions
If the servicemember later changes their mind, the command must do a cleansing warning
Cleansing warning is to repeat their right to advisement
What needs to be said regarding Article 31 when asking questions?
You are suspected of an offense
You don’t have to make any statement
If you make a statement, it can be used against you
when do you not need to give article 31 statement?
The trigger for a 31B statement is if you are asking questions to the accused. If they come to you with a voluntary and spontaneous statement, that is fair game
Where do you reference information for Non Punitive Measures?
QUICKMAN: Page 37
JAGMAN 0102-0105
What are non punitive measures?
Administrative actions / response to a deficiency
What is Extra Military Instruction?
A training tool designed to identify and correct a deficiency
Must be logically related to the deficiency and assigned for no longer than necessary to make correction
Where to reference information regarding NJPs?
Quickman page 40, JAGMAN 0106-0108
Who can award NJP?
Only a CO or OIC over the accused has the authority to award NJP
can marines refuse NJP?
Servicemembers may refuse NJP, except those embarked on a vessel
Servicemembers have the right to refuse NJP at any time prior to the punishment being announced, even during the proceeding as long it is prior to the announcement
What are the rights of the accused regarding NJP?
To be present unless the servicemember has waived this right
To remain silent
To have a personal representative present
To examine all evidence used against them
To present matters in defense or extenuation/mitigation
To call “reasonably available”
