Punitive Actions Flashcards
The purposes of military law include all of the following:
- Strengthening US national security
- Promoting efficiency and effectiveness in the military establishment
- Promoting justice and helping maintain good order and discipline in the armed forces
What is the primary source of US military law?
The US Constitution
The US Constitution designates ____ as the Commander in Chief (CINC) of the armed forces.
President
Who does the US Constitution grant the power to raise an Army and Navy, control the military budget and make rules to govern the Army and Navy?
Congress
In addition to the US Constitution, the pillars of the military justice system include the UCMJ, Manual for Courts Martial and ____.
Precedents
In what year did the UCMJ become effective?
1951
The Manual for Courts Martial is revised annually. It does not include the ___.
Law of armed conflict (LOAC)
The Manual for Courts Martial provides military guidance to ___.
Commanders and judge advocates
The right against self-incrimination is protected by the ___ Amendment to the Constitution, is reflected in UCMJ Article 31 and Military Rule of Evidence 304.
Fifth
Regarding self-incrimination, it is inaccurate to state that ___.
Persons cannot request counsel be present until the initial interrogation is complete
In the Air Force, an attorney is provided free of charge ___.
For summary, special and general courts-martial, Article 32 investigations and the Article 15 process
The Area Defense Counsel (ADC) ___.
Has a separate chain of command to ensure undivided loyalty to the client.
What is the military equivalent of civilian “arrest”?
Apprehension
An individual may be apprehended upon ___, when there is reason to believe he or she has committed or is committing an offense.
Probable cause
A non-law enforcement NCO observes an officer who is about to commit a serious offense. What should the NCO do?
Apprehend the officer
Conditions on liberty, arrest, restrictions in lieu of arrest and confinement are four types of ___.
Pretrial restraint
A commander orders an NCO not to visit the scene of an alleged offense. This is an example of ___.
Condition on liberty
___ is a less severe restraint on liberty than arrest; its geographic limits are usually broader and the offender performs full military duties unless otherwise directed.
Restrictions in lieu of arrest
In the armed forces, arrest does not ___.
Mean a physical restraint
Individuals are put in pretrial ___ only when lesser forms of pretrial restraint are inadequate.
Confinement
Regarding pretrial confinement, which of the following statements is false?
It should be used before considering other forms of pretrial restraint
A ___ is express permission issued by competent military authority to search a person or an area for specified property, evidence or for a specific person and to seize such property, evidence or person. It is the military equivalent of a civilian search warrant.
Authorization to search
Which of the following individuals cannot authorize searches?
Staff Judge Advocates
The maximum permissible punishment under Article 15, UCMJ is limited based on the grade of the imposing commander and the ___.
Grade of the offended
