Military Law

Question 1

The UCMJ has how many articles

Answer 1

146

Question 2

The 146 articles of the UCMJ are divided into what two groups

Answer 2

o Articles 1 through 76 and 135 through 146 are procedural in nature.
o Articles 77 through 134 are the punitive articles that detail the criminal law applicable to the armed forces

Question 3

The UCMJ applies to

Answer 3

all active duty service members, anytime, anywhere.

The UCMJ also applies to Reservists on active duty, including drill weekends and Military retirees

Question 4

Navy Regs cover numerous subjects including

Answer 4

 The role of the Chief of Naval Operations and the Commandant of the Marine Corps (CMC).
 Ceremonial details and protocol.
 Various prohibitions on relationships between members of the Department of the Navy (e.g., Navy Regs define and prohibit fraternization and sexual harassmen

Question 5

Charges may be initiated by any

Answer 5

o Person, civilian or military.

o Means: letter, hotline complaint, telephone call, log book entry, etc.

Question 6

Intent is that state of mind required to commit an offense. To be criminally liable, an accused must

Answer 6

 Have committed an act.
 Also have had a “guilty mind” while doing the act. It is presumed that one intends for the logical consequences of his actions to occur

Question 7

Examples of general intent offenses include

Answer 7

 UA.

 Simple assault

Question 8

Examples of specific intent offenses include

Answer 8

 Desertion.
 Larceny.
 Assault with intent to inflict grievous bodily harm

Question 9

Examples of some defenses are

Answer 9

 Lack of requisite criminal intent.
 Alibi.
 Impossibility.
 Ignorance or mistake of fact.
 Self-defense.
 Coercion or duress.
 Accident.

Question 10

Levels of the Military Justice System are

Answer 10

 Nonpunitive measures.
 Nonjudicial punishment (NJP).
 Summary court-martial (SCM).
 Special court-martial (SPCM).
 General court-martial (GCM).

Question 11

Nonpunitive administrative actions include

Answer 11

 Informal and formal counseling.
 Exhortation.
 Disapproval.
 Criticism.
 Administrative withholding of privileges

Question 12

Extra Military Instruction (EMI) is not meant to be punishment and measures utilized must:

Answer 12

 Logically relate to the deficiency.

 Serve a valid training purpose

Question 13

EMI may be performed after normal working hours, but only:

Answer 13

 After approval of the commanding officer.

 Under supervision

Question 14

EMI is never to be performed:

Answer 14

 For more than two hours a day.

 On Sunday.

Question 15

Nonpunitive Letter of Caution (NPLOC) is a written censure that

Answer 15

is considered a personal matter between the individual receiving it and the superior issuing it.

Question 16

Nonjudicial punishment is known by several titles

Answer 16

 NJP.
 Office hours (Marine Corps).
 Captain’s mast (Navy/Coast Guard).
 Article 15 punishment (Army/Air Force).

Question 17

Who may impose NJP?

Answer 17

Company commanders and higher may impose punishment on commissioned and warrant officers and enlisted members of their commands.
Officers-in-charge who are specifically detailed as such by Table of Organization (T/O), commanding general’s orders, or other such authority, may impose punishment on enlisted members of their units only.

Question 18

Who may delegate the power to impose NJP

Answer 18

Only a flag or general officer-in-command

Question 19

What are the Rights of the Accused at NJP

Answer 19

The accused has the right to know:
 The nature of the offense(s) of which suspected.
 That the Commanding Officer is contemplating office hours.
The accused has an absolute right to refuse NJP

Question 20

Before deciding whether or not to accept NJP, an accused has the right to confer with an

Answer 20

independent lawyer to help make that decision

Question 21

NJP

Hearing Rights

Answer 21

The accused has an absolute right to remain silent and to make no statement at all. The accused has the right to ask questions of any witness who makes a statement at the hearing and to present evidence in his or her behalf (including a statement of his or her own). The accused has the right to end the hearing and refuse NJP at any time before punishment is actually announced.

Question 22

The UPB is the document the unit uses to

Answer 22

record the imposition of NJP on enlisted personnel.

Question 23

Authorized punishment depends on the rank of the

Answer 23

 Commander who imposes punishment.

 Marine who receives it.

Question 24

Part or all of the punishment imposed at NJP may be suspended for up to six months. If the accused:

Answer 24

 Stays out of trouble during the period of suspension, the suspended punishment is remitted (goes away).
 Is involved in further misconduct during the period of suspension, then the suspension can be vacated, and the suspended punishment takes effect

Question 25

An officer-in-charge (OIC), no matter what his rank, may never award:

Answer 25

 Punishment to an officer.

 More than that punishment imposable by a company-grade company commander

Question 26

Grounds for Appeal of NJP are

Answer 26

 Unjust (i.e., the accused maintains that he or she did not commit the offense for which punishment was imposed).
 Disproportionate to the offense (i.e., the punishment imposed was too harsh).

Question 27

What is a Summary Court-Martial

Answer 27

 SCM is the lowest, least severe form of court-martial under the UCMJ. Although called a court-martial, like NJP this is not a judicial proceeding. It is not a “criminal prosecution” like a SPCM or GCM.
 Only enlisted personnel can be tried by SCM.

Question 28

Duties of the SCM are

Answer 28

Obtain all of the:
 Witnesses.
 Evidence.
Conduct a pretrial conference with the accused to go over:
 Rights.
 Administrative details pertaining to the court-martial.

Question 29

SCM Maximum Punishment is

Answer 29

 Confinement for one month
 Forfeiture of two-thirds (2/3) of one month’s pay for a period of one month (based on pay of rank to which reduced, if applicable)
 Reduction to the lowest enlisted pay grade (E-1)

Question 30

SCM Other Authorized Punishments

Imposed Instead of Confinement

Answer 30

 Hard labor without confinement for 45 days

 Restriction for 60 days

Question 31

If the accused is a sergeant (E-5) or above, he or she may not be…

Answer 31

 Reduced more than one pay grade
 Confined
 Awarded hard labor without confinement

Question 32

Generally, SPCMs and GCMs are formal, adversarial trial proceedings. They consist of

Answer 32

 A military judge.
 Trial counsel (prosecutor).
 Defense counsel.
 The accused.

Question 33

Maximum sentence at an SPCM includes

Answer 33

 Confinement for 12 months.
 Forfeiture of two-thirds (2/3) base pay per month for 12 months.
 Reduction to the lowest enlisted grade (E-1).
 Bad conduct discharge (BCD).

Question 34

Officers can be tried by SPCM, but in practice rarely are because an SPCM may not award the following punishments to an officer:

Answer 34

 Dismissal.
 Confinement.
 Hard labor without confinement.

Question 35

At a GCM, the maximum sentence is whatever is specified under Part IV, Manual for Courts-Martial, for the offenses of which a Marine is found guilty. Possible punishments include:

Answer 35

 Death.
 Punitive discharge:
o Bad Conduct Discharge (BCD) (for enlisted persons only).
o Dishonorable discharge (DD) (for enlisted persons only).
o Dismissal (this is the commissioned officer equivalent of a DD).
 Confinement (for both officers and enlisted persons).
 Reduction in rank (for enlisted persons only.
 Total forfeiture of all pay and allowances

Question 36

What is an Article 31 Warning?

Answer 36

The rights advisement required before questioning a suspect or an accused regarding the commission of an offense. Article 31 warning requirements began with the adoption of the UCMJ in 1950

Question 37

Define Apprehension

Answer 37

 Taking an individual into custody.

 The military equivalent of civilian “arrest”.

Question 38

Items that may be Seized are

Answer 38

 Instrumentalities of a crime (e.g., burglar tools).
 Fruits of a crime (e.g., stolen money, stereo).
 Weapons that could be used to attempt escape.
 Contraband (any property the possession of which is illegal

Question 39

The most common searches that don’t require probable cause are:

Answer 39

 Searches of government property.
 Consent searches.
 Searches incident to lawful apprehension.
 Emergency searches.
 Searches of open fields or woodlands

Question 40

define Scope

Answer 40

An inspection may include, but is not limited to, an examination to determine and to ensure that any or all of the following requirements are met:
 That the command is properly equipped, functioning properly, maintaining proper standards of readiness, sea or airworthiness, sanitation, and cleanliness.
 That personnel are present, fit, and ready for duty.

Question 41

Basis for Separation are

Answer 41

Voluntary

Involuntary