Military Law Flashcards
Who can authorize a search warrant based upon probable cause?
- Civilian Judge
- Military Judge
- Military Magistrates
- Commander
If a soldier withdraws his consent during a search can you continue searching? Is anything you find after he has withdrawn consent applicable in court?
No
Are health and welfare inspections considered searches?
No
If a health and welfare inspection is scheduled, but you hear of contraband in someone’s room, what should you do?
continue on with the regularly scheduled inspection and treat everyone fairly
is consent needed if a commander authorizes a search based on timely credible evidence?
No
Does consent matter if you have a search warrant?
No
What is a PLT leaders most important function?
make recommendations to the commander after investigating
if someone is forced to make a statement against their will can it be used in the UCMJ process?
no
what is the most common error when administratively separating a soldier?
lack of counseling’s
pretrial restraint
used when lesser forms of restraint are inadequate
What are the consequences when a soldier is questioned without being advised of his rights?
the statement cant be used against him
What are the commanders options when he discovers a violation?
- take no action
- take administrative action
- impose non judicial punishment (Article 15)
- court martial
What must a court martial and an Article 15 be for it to stick?
Beyond a reasonable doubt
what is the fastest way to process a separation?
General discharge
corrective training cannot be what?
Humiliating and or degrading
most important thing about corrective training?
must be related to the offense and correct the deficiency
What are the basic principles of LOAC?
Military necessity
distinction
proportionality
unnecessary suffering
Can you engage an insurgent with 50cal?
yes
can you engage a family of insurgents?
yes
before engaging a combatant what do you need?
PID with …
Hostile act
Hostile force
or hostile intent
when can you engage a wounded combatant?
if they still pose a threat to fight and can harm the platoon
if you believe and order violates LOAC what do you do?
clarify
ask order to be rescinded
disobey
report to higher
what are the stages of team building?
Formation
enrichment
sustainment
what are the core domains that shape the critical learning in a leaders career?
Institutional training
experience from assignments
Self development
