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Block 5 - Part 1 > Military Law > Flashcards

Military Law Flashcards

1
Q

The authority to govern armed forces is derived from?

A

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

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2
Q

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

A

Uniform Code of Military Justice (UCMJ)

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3
Q

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

A

MCM (Manual for Courts-Martial)

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4
Q

Part I of MCM

A

Preamble

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5
Q

Part I - Preamble - entails what?

A
  • Nature of military criminal law
  • Sources of military jurisdiction
  • Structure of MCM
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6
Q

Part II of MCM

A

Rules for Courts-Martial (RCM)

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7
Q

Part II - RCM - entails what?

A
  • Contains pretrial, trial, and post-trial procedures for courts-martial.
  • RCM codes
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8
Q

Covers military security force officials authority to apprehend.

A

RCM 302(B)(1)

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9
Q

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

A

RCM 303-307

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10
Q

Permits counsel to raise motions at trial.

A

RCM 905

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11
Q

Governs the presentation of a case on its merits.

A

RCM 913

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12
Q

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

A

RCM 1001

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13
Q

Part III of MCM

A

Military Rules of Evidence

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14
Q

Part III - Military Rules of Evidence - entails what?

A

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

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15
Q

Part IV of MCM

A

Punitive Articles

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16
Q

Part IV - Punitive Articles - entails what?

A

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.

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17
Q

Part V of MCM

A

Non-Judicial Punishment (NJP)

18
Q

Part V - NJP - entails what?

A
  • 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.
19
Q

“Please Read My Poem Now”

A

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

20
Q

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.

A

Summary Courts-Martial (SCM)

21
Q

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.

A

SCM Max Punishment

22
Q

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.

A

Special Courts-Martial (SPCM)

23
Q

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).

A

SPCM Punishment

24
Q

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

A

General Courts-Martial (GCM)

25
Q

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.

A

GCM Max Punishment

26
Q

Responsible for ensuring a thorough inquiry is made into allegations.

A

The suspect’s/accused’s commander

27
Q

Based on inquiry, the commander has four options

A

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

28
Q

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

A

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.”

29
Q

Commander that refers to trial by courts-martial.

A

Convening Authority (CA)

30
Q

Responsible for fair/orderly conduct of trial.

A

Military Judge

31
Q

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

A

Court members

32
Q

Offense against society which society says it will punish.

A

Criminal act

33
Q

Elements of a crime

A

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

34
Q

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

A

Parties to crime

35
Q

Actual person who committed the crime

A

Perpetrator

36
Q

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

A

Aiders/Abettors

37
Q

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.

A

Accessory before the fact

38
Q

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

A

Principles (Article 77)

39
Q

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

A

Accessory after the fact (Article 78)

40
Q

Elements of an offense

A

“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)

Block 5 - Part 1 (11 decks)

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