Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

COT CWT 2 > PA > Flashcards

PA Flashcards

1
Q

<!--StartFragment-->

Differentiate between articles 2, 7, 15, and 31 of the UCMJ<!--EndFragment-->

A

<!--StartFragment-->

Article 2: Persons subject to this chapter.

  • Jurisdiction over military members or people paid

Article 7: Apprehension

  • Taking a person under arrest

Article 15: Commanding Officer’s NJP

Article 31: Compulsory Self-Incrimination Prohibited

<!--EndFragment-->

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

<!--StartFragment-->

Differentiate between Uniform Code of Military Justice (UCMJ) and Manual for Courts-Martial (MCM)<!--EndFragment-->

A

<!--StartFragment-->

Uniform Code of Military Justice (UCMJ—1950)

  • Part of the US Code
  • Modified and consolidated the following:
    • Articles of War
    • Articles for the Government of the Navy
    • Disciplinary Laws of the Coast Guard
  • Contains the Punitive Articles (77-134)

Manual for Courts-Martial (MCM)

  • Not just a guide
  • Full force and effect of law
  • Binding on all personnel subject to the UCMJ
  • Implemented by Executive Order

<!--EndFragment-->

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

<!--StartFragment-->

Describe the need for a separate legal system for the military<!--EndFragment-->

A

<!--StartFragment-->

  • Crimes Unique to the Military
  • Discipline
  • Worldwide Operations

<!--EndFragment-->

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

<!--StartFragment-->

Identify your rights in the Military Justice system<!--EndFragment-->

A

<!--StartFragment-->

Involuntary Self-Incrimination
Right to Counsel
Search & Seizure

<!--EndFragment-->

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

<!--StartFragment-->

Identify the methods used to maintain discipline<!--EndFragment-->

A

<!--StartFragment-->

Preventive Discipline

  • Action taken to encourage members to follow standards and regulations to prevent infraction
  • The overall objective is to encourage self-discipline, rather than having discipline imposed by superiors

<!--StartFragment-->

Corrective Discipline

  • Action subsequent to a rule infraction
  • It seeks to discourage further infractions and to ensure that further acts are in compliance with standards
  • Three Goals of Corrective Discipline
    • To reform the offender
    • To deter others from similar actions
    • To maintain consistent, effective group standards
  • Corrective Tools / Nonpunitive Actions
    • Letter of Counseling (like traffic ticket)
    • Letter of Reprimand (official censure)
    • Unfavorable Information File
      • Repository at MPF
      • Contains information concerning a
      • person’s duty performance and
      • conduct
      • What’s in a UIF?
      • Article 15
      • Letter of Reprimand
      • Counseling Documents (as attachments only)
    • Control Rosters
      • List the names of people whose conduct, bearing, integrity, or duty performance require special attention, observation, evaluation, or rehabilitation.
      • Assists commanders and supervisors in controlling and managing those members
      • Give the person a chance to improve in their deficient area within a specific time period
      • If placed on a control roster, ineligible for reenlistment, promotion, PME in residence, or PCS
  • <!--StartFragment-->

Punitive Actions

* Nonjudicial Punishment—Article 15
* Summary Court-Martial
* Special Court-Martial
* General Court-Martial

<!--EndFragment-->

<!--EndFragment-->

<!--EndFragment-->

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

<!--StartFragment-->

Identify the three types of courts-martial<!--EndFragment-->

A

<!--StartFragment-->

Summary Court-Martial

  • Tries minor offenses
  • For enlisted members only
  • One officer acts as judge
  • Limited punishment

Special Court-Martial

  • Tries intermediate offenses
  • Military judge / 3 members (minimum)
  • Limited Punishments

General Court-Martial

  • Most serious offenses
  • Military judge / 5 members (minimum)
  • Maximum punishment

<!--EndFragment-->

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

<!--StartFragment-->

Describe the functions of the Staff Judge Advocate (SJA) and the Area Defense Counsel (ADC)

<!--EndFragment-->

A

<!--StartFragment-->

Both the SJA and ADC are comprised of licensed attorneys, who are commissioned officers, and trained paralegals.

SJA:

  • Commander’s legal staff
  • Represents the Air Force in all legal matters ranging from courts-martial to government procurement and environmental issues.
  • Provides legal assistance to the military members

ADC

  • Represents all active duty Air Force personnel in criminal defense matters.
  • Office and chain of command separate from SJA

<!--EndFragment-->

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

<!--StartFragment-->

State the Department of Defense (DOD) policy on substance abuse<!--EndFragment-->

A

<!--StartFragment-->

  • Prevent and eliminate drug and alcohol abuse and dependence from the DOD.
  • Substance abuse is absolutely incompatible with Air Force standards

<!--EndFragment-->

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

State the steps a supervisor should take when a subordinate’s duty performance reveals a possible substance abuse problem.

A

<!--StartFragment-->

<!--StartFragment-->

Active and consistent documentation
Counseling, referral, reprimand, discharge

<!--EndFragment-->

<!--EndFragment-->

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

<!--StartFragment-->

State the five methods for identifying substance abusers<!--EndFragment-->

A

<!--StartFragment-->

  • Arrest, Apprehension, or Investigation.
  • Incident to Medical Care.
  • Commander Referral.
  • Drug Testing.
  • Self-Identification.

<!--EndFragment-->

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

<!--StartFragment-->

Identify how the results of the four methods of urinalysis testing may or may not be used<!--EndFragment-->

A

<!--StartFragment-->

Inspection Under Military Rule of Evidence

  • Refer to Life Skills
  • Disciplinary action under UCMJ
  • Administrative discharge action
  • Characterization of separation proceedings

Probable Cause Search and Seizure Under the UCMJ

  • Refer to Life Skills
  • Disciplinary action under UCMJ
  • Administrative discharge action
  • Characterization of separation proceedings

Command-Directed Examination

  • Evaluation by Life Skills
  • Administrative Action
  • Cannot be used for disciplinary action under UCMJ
  • Cannot use for characterization of discharge in separation proceedings

Medical Purposes

  • Referral to life skills
  • Disciplinary Action
  • Administrative Discharge
  • Characterization of Discharge in separation proceedings

<!--EndFragment-->

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

<!--StartFragment-->

Describe the Alcohol/Drug Abuse Prevention and Treatment (ADAPT) program

<!--EndFragment-->

A

<!--StartFragment-->

  • Prevention, treatment, minimize negative consequences, educate, transition substance abusers
  • Non-clinical services (education)
  • Clinical services (inpatient)
  • Transition counseling (to civilian life)
  • Failing program -> separation

<!--EndFragment-->

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

<!--StartFragment-->

Define UPRs and fraternization<!--EndFragment-->

A

<!--StartFragment-->

Professional Relations:

  • Are Those That Contribute to the Effective Operation of the Air Force.

Unprofessional Relationship:

  • Any personal relationship, whether pursued on or off-duty, that detracts from the authority of superiors or result in, or reasonably create the appearance of, favoritism, misuse of office or position, or the abandonment of organizational goals for personal interests
  • Officers and enlisted members
  • Military members and civilian workers

Fraternization

  • A personal relationship between an officer and enlisted member which violates the customary bounds of acceptable behavior in the Air Force and prejudices good order and discipline, discredits the armed services, or operates to the personal disgrace or dishonor of the officer involved.

<!--EndFragment-->

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

<!--StartFragment-->

State the Air Force policy on professional relationships, UPRs and fraternization

<!--EndFragment-->

A

Professional Relationships:

  • Personnel Are Encouraged to Communicate Freely With Superiors Regarding Their Careers, Performance, Duties, and Missions.
  • Enhances morale and discipline and improves the operational environment, while preserving proper respect for authority and appropriate mission focus.

UPRs:

  • Article 92 Failure to Obey a Lawful Order or General Regulation (Enlisted/ Enlisted or Military/ Civilian)
  • Article 133 Conduct Unbecoming an Officer (Officer/ Officer)

Fraternization:

  • Article 134 Fraternization (Officer/ Enlisted)
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

<!--StartFragment-->

List the elements of fraternization<!--EndFragment-->

A

<!--StartFragment-->

  1. That the accused was a commissioned or warrant officer.
  2. That the accused fraternized with enlisted members on terms of military equality.
  3. That the accused knew the person to be an enlisted member.
  4. That the accused violated the customs of the service that officers shall not fraternize with enlisted members on terms of military equality.
  5. The conduct was prejudicial to good order and discipline of the armed forces or of a nature to bring discredit upon the armed forces.

<!--EndFragment-->

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

<!--StartFragment-->

Explain the effects of UPRs on the unit<!--EndFragment-->

A

<!--StartFragment-->

morale, discipline, respect for authority, unit cohesion, or mission accomplishment<!--EndFragment-->

17
Q

<!--StartFragment-->

State your responsibilities as a professional military officer for reporting a violation of the Law of Armed Conflict<!--EndFragment-->

A

<!--StartFragment-->

  • Report the violation to your immediate commander
  • If the commander is apparently involved in the incident, then report to the next higher person with command authority. The commander will then consult the Staff Judge Advocate and the proper investigative agency to deal with the violation.

<!--EndFragment-->

18
Q

<!--StartFragment-->

Name the two series of treaties that have the greatest influence on the Law of Armed Conflict.

<!--EndFragment-->

A

<!--StartFragment-->

The Hague Conventions

  • Permanent Court of Arbitration (Hague Court)
  • Customs
  • Classified combatants, noncombatants, or neutrals
  • Aerial attack on undefended cities prohibited
  • Lawful targets for bombing: military, workshops, plants

The Geneva Conventions

  • Considered customary law
  • Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field
  • Geneva Convention for the Amelioration of the Condition of Wounded, Sick, and Shipwrecked Members of Armed Forces at Sea
  • Geneva Convention Relative to the Treatment of Prisoners of War
  • Geneva Convention Relative to the Protection of Civilian Persons in Time of War

<!--EndFragment-->

19
Q

<!--StartFragment-->

List the people who are entitled to Prisoner of War status under the Law of Armed Conflict<!--EndFragment-->

A

<!--StartFragment-->

  • POW status as long as they carry their arms openly and generally adhere to the Law of Armed Conflict
  • They are lawful combatants only during the invasion
  • Once the area becomes occupied, a civilian has no legal right to engage in warfare; if he does, he can be tried and punished for his actions.
  • Spies are not POW
  • Resistance movements (e.g. french during nazi invasion)
    • The force has a responsible command structure.
    • The members wear a fixed distinctive insignia recognizable at a distance and they are distinguishable from the civilian population.
    • The members carry their arms openly.
    • The resistance must conduct its operations in accord

<!--EndFragment-->

20
Q

<!--StartFragment-->

State when aircraft can attack targets located in an area densely populated with civilians<!--EndFragment-->

A

<!--StartFragment-->

  • Defended cities
  • Military works, military or naval establishments, depots of arms or war materiel, workshops or plant which could be utilized for the needs of the hostile fleet or army, and the ships of war in the harbor

<!--EndFragment-->

21
Q

<!--StartFragment-->

Identify the types of economic sanctions available to enforce the laws of war<!--EndFragment-->

A

<!--StartFragment-->

UN Security Council must authorize unilateral economic sanctions during times of peace

  • Embargoes
  • boycotts
  • blockades
  • seizure of property belonging to the offending state

<!--EndFragment-->

COT CWT 2 (3 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions