Punitive Actions

Question 1

The purposes of military law include all of the following:

Answer 1

• 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

Question 2

What is the primary source of US military law?

Answer 2

The US Constitution

Question 3

The US Constitution designates ____ as the Commander in Chief (CINC) of the armed forces.

Answer 3

President

Question 4

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?

Answer 4

Congress

Question 5

In addition to the US Constitution, the pillars of the military justice system include the UCMJ, Manual for Courts Martial and ____.

Answer 5

Precedents

Question 6

In what year did the UCMJ become effective?

Answer 6

1951

Question 7

The Manual for Courts Martial is revised annually. It does not include the ___.

Answer 7

Law of armed conflict (LOAC)

Question 8

The Manual for Courts Martial provides military guidance to ___.

Answer 8

Commanders and judge advocates

Question 9

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.

Answer 9

Fifth

Question 10

Regarding self-incrimination, it is inaccurate to state that ___.

Answer 10

Persons cannot request counsel be present until the initial interrogation is complete

Question 11

In the Air Force, an attorney is provided free of charge ___.

Answer 11

For summary, special and general courts-martial, Article 32 investigations and the Article 15 process

Question 12

The Area Defense Counsel (ADC) ___.

Answer 12

Has a separate chain of command to ensure undivided loyalty to the client.

Question 13

What is the military equivalent of civilian “arrest”?

Answer 13

Apprehension

Question 14

An individual may be apprehended upon ___, when there is reason to believe he or she has committed or is committing an offense.

Answer 14

Probable cause

Question 15

A non-law enforcement NCO observes an officer who is about to commit a serious offense. What should the NCO do?

Answer 15

Apprehend the officer

Question 16

Conditions on liberty, arrest, restrictions in lieu of arrest and confinement are four types of ___.

Answer 16

Pretrial restraint

Question 17

A commander orders an NCO not to visit the scene of an alleged offense. This is an example of ___.

Answer 17

Condition on liberty

Question 18

___ 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.

Answer 18

Restrictions in lieu of arrest

Question 19

In the armed forces, arrest does not ___.

Answer 19

Mean a physical restraint

Question 20

Individuals are put in pretrial ___ only when lesser forms of pretrial restraint are inadequate.

Answer 20

Confinement

Question 21

Regarding pretrial confinement, which of the following statements is false?

Answer 21

It should be used before considering other forms of pretrial restraint

Question 22

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.

Answer 22

Authorization to search

Question 23

Which of the following individuals cannot authorize searches?

Answer 23

Staff Judge Advocates

Question 24

The maximum permissible punishment under Article 15, UCMJ is limited based on the grade of the imposing commander and the ___.

Answer 24

Grade of the offended

Question 25

Under Nonjudicial Punishment,

Answer 25

Bread and water and diminished rations are not authorized

Question 26

Under Article 15, what is the maximum length of correctional custody a captain can impose on a SSgt?

Answer 26

7 days

Question 27

In a Nonjudicial Punishment, a MSgt can be reduced one grade by a commander in what grade?

Answer 27

Lt Colonel or above

Question 28

A commander in the grade of lieutenant or captain can impose a maximum Article 15 punishment of __ days restriction or extra duties.

Answer 28

14 days

Question 29

A commander in the grade of major or above can impose a maximum Article 15 punishment of __ days extra duties or __ days restriction.

Answer 29

45 days ; 60 days

Question 30

Who does not have authority to reduce the grades of SMSgt and CMSgt by one grade?

Answer 30

Wing commanders

Question 31

What is the highest rank of Airmen that commanders in the grades of lieutenant and captain can reduce in rank?

Answer 31

SSgt

Question 32

A commander has the power to suspend, remit, or __ punishment of an Article 15.

Answer 32

Mitigate

Question 33

What kind of sentences are encouraged for the first offenders to provide an observation period and incentive for good behavior?

Answer 33

Suspended

Question 34

__ cancels any executed or unexecuted portion of a punishment under Article 15 and restores any property, privileges or rights affected by that portion of the punishment.

Answer 34

Set-aside

Question 35

Commanders ___ an unexecuted portion of a punishment by changing it to a less severe form or reducing its quality or quantity.

Answer 35

Mitigate

Question 36

What type of court martial tries minor offenses?

Answer 36

Summary court martial

Question 37

What type of court-martial tries intermediate level offenses?

Answer 37

Special courts martial

Question 38

Who can be tried by a Summary Court Martial?

Answer 38

Enlisted members only

Question 39

What is the most desirable means of maintaining standards?

Answer 39

Effective leadership