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CID OJT Study Outline > Week 1 - Criminal Law General > Flashcards

Week 1 - Criminal Law General Flashcards

1
Q

Identify pertinent Amendments of the US Constitution

A

4th Amendment - Freedom from unreasonable searches and seizures

5th Amendment - Right to due process of law, freedom from self-incrimination, and double jeopardy

6th Amendment - rights of accused person to a lawyer and right to a speedy and public trial

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2
Q

Identify sections within the Manual for Courts-Martial

A

Part I - Preamble
Part II - Rules for Courts-Martial
Part III - Military Rules of Evidence
Part IV - Punitive Articles
Part V - Non-Judicial Punishment Procedures
Appendix 1 - Constitution of the United States of America
Appendix 2 - Uniform Code of Military Justice
Appendix 12A - Presidentially-Prescribed Lesser Included Offenses

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3
Q

Explain Part I - Preamble

A

Covers the source and exercise of military jurisdiction, nature and purpose of military law, and the structure and application of the Manual for Courts-Martial

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4
Q

Explain Part II - Rules for Courts-Martial

A

The rules in this section govern the procedures and punishments in all courts-martial, including all related activities

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5
Q

Explain Part III - Military Rules of Evidence

A

The rules in this section should be interpreted so as to administer every proceeding fairly, eliminate unjustifiable expense and delay, and to promote the development of evidence law

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6
Q

Explain Part IV - Punitive Articles

A

The articles in this section cover the elements, explanation, maximum punishment, and samples of the punishable offenses

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7
Q

Explain Part V - Non-Judicial Punishment Procedures

A

This section goes over the rules, procedures, and punishments of the NJP process

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8
Q

Explain Appendix 1 - Constitution of the United States of America

A

The constitution is a source of military jurisdiction

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9
Q

Explain Appendix 2 - Uniform Code of Military Justice

A

The UCMJ is the basis of the Military Justice System

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10
Q

Explain Appendix 12A - Presidentially-Prescribed Lesser Included Offenses

A

A list of lesser included offenses to greater offenses, prescribed by the President

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11
Q

Define regulations and orders

A

___________ is defined as the duties of military personnel, the chain of command, daily procedure, and the services to be performed by the troops.
______ are defined as instruction given by a senior rank to a junior rank in a military context.

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12
Q

Identify the punitive articles of the UCMJ

A

articles 77 through 134

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13
Q

Identify the elements of a crime

A

all the requirements the accused must meet in order to have committed the offense

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14
Q

Identify persons subject to the UCMJ

A

all those listed in Article 2. Most commonly includes active-duty personnel

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15
Q

Define jurisdiction

A

the power to hear a case to render a legally competent decision

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16
Q

Explain jurisdiction over a person

A

the authority to enforce law on a specified group of people

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17
Q

Explain jurisdiction over an area

A

the geographical location a court has authority over

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18
Q

Define exclusive jurisdiction

A

the jurisdiction only a specified court has the right to hear

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19
Q

Define concurrent jurisdiction

A

when two or more courts have jurisdiction over a case. Example 1: Federal and State courts in any of the 50 states. Example 2: CHP and San Diego County Sheriffs on the 5 fwy.

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20
Q

Define proprietary jurisdiction

A

Blank

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21
Q

Explain the provisions of the Posse Comitatus Act

A

Prohibits Federal military forces from executing the law on the civilian populous, unless there is a constitutional or statutory exception

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22
Q

Identify exceptions to the Posse Comitatus Act

A

exceptions are martial law, national emergency declaration, insurrection statutes, DoD official’s emergency authority, military purpose doctrine, and other express statutory exceptions

23
Q

Identify which article of the UCMJ and title of the United States Code allows you to assimilate state law

A

Title 10 Article 134 and Title 18 US Code 13

Additionally, MCB CP Base Order 5000.2K

24
Q

Identify the three types of courts-martial

A

summary court-martial, special court-martial, and general court-martial

25
Q

explain maximum punishment for each court-martial

A

Blank

26
Q

What is Article 15 in the UCMJ

A

Non-Judicial Punishment

27
Q

Explain the purpose of Article 15

A

To provide commanders with an essential and prompt means of maintaining good order and discipline and also promotes positive behavior changes in Servicemembers without the stigma of a court-martial conviction.

28
Q

Explain the purpose of an Article 32 hearing

A

To determine whether or not the specification alleges an offense, whether or not there is probable cause to believe that the accused committed the offense charged, whether or not the convening authority has court-martial jurisdiction over the accused and over the offense, A recommendation as to the disposition that should be made of the case.

29
Q

Identify the roles of participants during a courts-martial hearing

A

a. military judge
b. trial counsel party
c. defense counsel party
d. five members

30
Q

Explain the role of the military judge during a courts-martial hearing

A

a judge advocate designated under Article 26(c) who is detailed to preside over a court-martial

31
Q

Explain the role of the trial counsel party during a courts-martial hearing

A

they represent the United States in the prosecution of the accused

32
Q

Explain the role of the defense counsel party during a courts-martial hearing

A

consists of the accused and their legal representation

33
Q

Explain the role of the five members during a courts-martial hearing

A

they are the voting members detailed by the convening authority

34
Q

Explain the purpose of pre-trial restraint

A

to restrain the accused if it’s believed that the accused of a crime will not appear in court or if the accused will engage in serious criminal misconduct

35
Q

Explain the purpose of Article 39(a) hearing

A

so that the military judge can determine if certain matters are appropriate to the trail, receive pleas, or to perform any other function which does not require the presence of the members of the court

36
Q

Identify phases of a courts-martial hearing

A

a. Preferal of charges
b. Article 32 preliminary hearing
c. Referral of charges
d. Arraignment
e. Motions hearing (Article 39)
f. Trial
g. Sentencing

37
Q

Explain the purpose of a pre-trial agreement

A

to have the accused either plead guilty, to confess, or to cooperate with the prosecution in exchange for a lesser sentence, withdraw of one or more charges, or have trial counsel not present certain evidence

38
Q

Define criminal intent

A

making a conscious decision to intentionally do something that is wrong or forbidden by the law

39
Q

Identify the types of criminal intent

A

general intent, specific intent, and constructive intent

40
Q

Explain general intent

A

presumed from the act of commission

41
Q

Explain specific intent

A

requires preplanning and predisposition

42
Q

Explain constructive intent

A

the unintentional results of an act

43
Q

Identify parties to a crime

A

Principals, accomplices, and accessories

44
Q

Explain principals

A

A person who commits an offense, aids, abets, counsels, commands, procures its commission, or causes an act to be done

45
Q

Explain accomplices

A

A person who gives assistance to another in the commission of a crime

46
Q

Explain accessories (before the fact)

A

A person who assists in planning or encouraging another to commit a crime

47
Q

Explain accessories (after the fact)

A

A person who receives, comforts, or assists the offender in order to hinder or prevent his apprehension, trial, or punishment

48
Q

Explain aider and abettor

A

someone who assist someone in committing or encouraging them to commit a crime

49
Q

Identify the elements of attempt

A

a. That the accused did a certain overt act
b. That the act was done with specific intent to commit a certain offense under the UCMJ
c. That the act amounted to more than mere preparation
d. That the act apparently tended to effect the commission of the intended offense.

50
Q

Identify the elements of conspiracy

A

a. That the accused entered into an agreement with one or more persons to commit an offense under the UCMJ
b. That, while the agreement continued to exist, and while the accused remained a party to the agreement, the accused or at least one of the coconspirators performed an overt act for the purpose of bringing about the object of the conspiracy

51
Q

Define self-defense

A

the use of force to protect oneself from an attempted injury by another

52
Q

Define insanity plea

A

a defense in which the defendant admits the action but asserts a lack of culpability based on mental illness

53
Q

Define entrapment

A

when a defendant alleges that law enforcement acquired evidence by inducing the defendant to engage in a criminal act which the defendant would not otherwise have committed, or when extreme government conduct that shocks the conscience of the court

CID OJT Study Outline (2 decks)

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