Military Law

Question 1

The authority to govern armed forces is derived from?

Answer 1

U.S. Constitution, International Law, and Federal Statutes

Question 2

Provides for discipline in armed forces and Coast Guard; Congress enacted it in 1951.

Answer 2

Uniform Code of Military Justice (UCMJ)

Question 3

Prescribed by president under executive order 12473, revised annually, and applicable to all services. Incorporated UCMJ/RCM in 1969 to form this.

Answer 3

MCM (Manual for Courts-Martial)

Question 4

Part I of MCM

Answer 4

Preamble

Question 5

Part I - Preamble - entails what?

Answer 5

• Nature of military criminal law
• Sources of military jurisdiction
• Structure of MCM

Question 6

Part II of MCM

Answer 6

Rules for Courts-Martial (RCM)

Question 7

Part II - RCM - entails what?

Answer 7

• Contains pretrial, trial, and post-trial procedures for courts-martial.
• RCM codes

Question 8

Covers military security force officials authority to apprehend.

Answer 8

RCM 302(B)(1)

Question 9

Defines what preliminary actions are taken by CO upon delivery of police report.

Answer 9

RCM 303-307

Question 10

Permits counsel to raise motions at trial.

Answer 10

RCM 905

Question 11

Governs the presentation of a case on its merits.

Answer 11

RCM 913

Question 12

Covers the introduction of evidence of prior military or civilian convictions of accused.

Answer 12

RCM 1001

Question 13

Part III of MCM

Answer 13

Military Rules of Evidence

Question 14

Part III - Military Rules of Evidence - entails what?

Answer 14

Primarily derived from federal rules of evidence which were modified only to reflect unique aspects of military law and to remove rules inapplicable.

Question 15

Part IV of MCM

Answer 15

Punitive Articles

Question 16

Part IV - Punitive Articles - entails what?

Answer 16

Discussed using the following format:

• Text of article
• Elements of offense(s)
• Explanation
• Lesser Included Offenses
• Maximum Punishment
• Sample Specifications

Contains Article 77 thru 134.
Article 134 has additional 52 sub-categories.

Question 17

Part V of MCM

Answer 17

Non-Judicial Punishment (NJP)

Question 18

Part V - NJP - entails what?

Answer 18

• Sets forth rules governing the imposition of NJP
• Provides commanders with essential and prompt means of maintaining good order and discipline and also promotes positive behavior changes in service members without the stigma of a courts-martial conviction.

Question 19

“Please Read My Poem Now”

Answer 19

Preamble, RCM, Military Rules of Evidence, Punitive Articles, NJP

Question 20

Used for minor offenses; the only one that can be refused; composed of one commissioned officer (usually O-3 or above) and is for enlisted personnel only.

Answer 20

Summary Courts-Martial (SCM)

Question 21

E-5 and above (at time of trial): reduction in pay grade, 60 days restriction, forfeiture of 2/3 of month’s pay for one month.
E-4 and below (at time of trial): reduction to E-1 authorized, 30 days confinement, forfeiture of 2/3 of month’s pay for one month.

Answer 21

SCM Max Punishment

Question 22

Used to try both officers and enlisted for non-capital, and in some cases, capital offenses; composed of a military judge and no less than three members.

Answer 22

Special Courts-Martial (SPCM)

Question 23

Reduction to E-1 (enlisted only). Confinement for 12 months. Hard labor without confinement for 3 months. Forfeiture of 2/3 of month’s pay for 6 months. Bad conduct discharge (enlisted only).

Answer 23

SPCM Punishment

Question 24

Tries both capital and non-capital offenses. Composed of a military judge and no less than 5 members for a capital offense.

Answer 24

General Courts-Martial (GCM)

Question 25

Punitive discharge to include dismissal (officers), dishonorable discharge (enlisted and W-1), and bad conduct discharge (enlisted only). Confinement to include hard labor from 6 months to life. Forfeiture of all pay and allowances. Reduction to E-1. Death penalty.

Answer 25

GCM Max Punishment

Question 26

Responsible for ensuring a thorough inquiry is made into allegations.

Answer 26

The suspect's/accused's commander

Question 27

Based on inquiry, the commander has four options

Answer 27

(1) dismiss (2) informal measures (3) non-judicial punishment (4) courts-martial

Question 28

If decided to courts-martial, then charges must be what?

Answer 28

Preferred (sworn). Swear in front of officer that they have "personal knowledge or investigated the matters alleged and that they are true to the best of their knowledge or belief."

Question 29

Commander that refers to trial by courts-martial.

Answer 29

Convening Authority (CA)

Question 30

Responsible for fair/orderly conduct of trial.

Answer 30

Military Judge

Question 31

Hear evidence, determine guilt/innocence. If guilty, they determine sentence. Must be officers; however, enlisted may request enlisted members.

Answer 31

Court members

Question 32

Offense against society which society says it will punish.

Answer 32

Criminal act

Question 33

Elements of a crime

Answer 33

Act - specific, physical act Intent - mental elements/state of mind. > General intent: not necessary to prove > Specific intent: necessary to prove

Question 34

One who because of involvement in a criminal act is liable for punishment.

Answer 34

Parties to crime

Question 35

Actual person who committed the crime

Answer 35

Perpetrator

Question 36

Doesn't commit, but is present and participates in commission, and shares its criminal purpose.

Answer 36

Aiders/Abettors

Question 37

One who counsels, commands, procures, or causes another to commit an offense. Advice must be given with intent to commit a crime. Need not to be present at crime.

Answer 37

Accessory before the fact

Question 38

Criminally liable for all crimes committed by other principles but may withdraw before offense is committed.

Answer 38

Principles (Article 77)

Question 39

Received, comforted, assisted another in some manner, in order to hinder or prevent principles apprehension, trial, or punishment.

Answer 39

Accessory after the fact (Article 78)

Question 40

Elements of an offense

Answer 40

"DAM Lazy Girl" Art. 85, 86, 87. Then Art. 121. Then art. 134. D=Desertion (85) A=Absence without leave (86) M=Missing movement (87) Lazy=Larceny/Wrongful Appropriation (121) Girl=General Article (134)