Week 1 - Criminal Law General

Question 1

Identify pertinent Amendments of the US Constitution

Answer 1

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

Question 2

Identify sections within the Manual for Courts-Martial

Answer 2

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

Question 3

Explain Part I - Preamble

Answer 3

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

Question 4

Explain Part II - Rules for Courts-Martial

Answer 4

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

Question 5

Explain Part III - Military Rules of Evidence

Answer 5

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

Question 6

Explain Part IV - Punitive Articles

Answer 6

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

Question 7

Explain Part V - Non-Judicial Punishment Procedures

Answer 7

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

Question 8

Explain Appendix 1 - Constitution of the United States of America

Answer 8

The constitution is a source of military jurisdiction

Question 9

Explain Appendix 2 - Uniform Code of Military Justice

Answer 9

The UCMJ is the basis of the Military Justice System

Question 10

Explain Appendix 12A - Presidentially-Prescribed Lesser Included Offenses

Answer 10

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

Question 11

Define regulations and orders

Answer 11

___________ 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.

Question 12

Identify the punitive articles of the UCMJ

Answer 12

articles 77 through 134

Question 13

Identify the elements of a crime

Answer 13

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

Question 14

Identify persons subject to the UCMJ

Answer 14

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

Question 15

Define jurisdiction

Answer 15

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

Question 16

Explain jurisdiction over a person

Answer 16

the authority to enforce law on a specified group of people

Question 17

Explain jurisdiction over an area

Answer 17

the geographical location a court has authority over

Question 18

Define exclusive jurisdiction

Answer 18

the jurisdiction only a specified court has the right to hear

Question 19

Define concurrent jurisdiction

Answer 19

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.

Question 20

Define proprietary jurisdiction

Answer 20

Blank

Question 21

Explain the provisions of the Posse Comitatus Act

Answer 21

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

Question 22

Identify exceptions to the Posse Comitatus Act

Answer 22

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

Question 23

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

Answer 23

Title 10 Article 134 and Title 18 US Code 13

Additionally, MCB CP Base Order 5000.2K

Question 24

Identify the three types of courts-martial

Answer 24

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

Question 25

explain maximum punishment for each court-martial

Answer 25

Blank

Question 26

What is Article 15 in the UCMJ

Answer 26

Non-Judicial Punishment

Question 27

Explain the purpose of Article 15

Answer 27

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.

Question 28

Explain the purpose of an Article 32 hearing

Answer 28

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.

Question 29

Identify the roles of participants during a courts-martial hearing

Answer 29

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

Question 30

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

Answer 30

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

Question 31

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

Answer 31

they represent the United States in the prosecution of the accused

Question 32

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

Answer 32

consists of the accused and their legal representation

Question 33

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

Answer 33

they are the voting members detailed by the convening authority

Question 34

Explain the purpose of pre-trial restraint

Answer 34

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

Question 35

Explain the purpose of Article 39(a) hearing

Answer 35

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

Question 36

Identify phases of a courts-martial hearing

Answer 36

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

Question 37

Explain the purpose of a pre-trial agreement

Answer 37

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

Question 38

Define criminal intent

Answer 38

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

Question 39

Identify the types of criminal intent

Answer 39

general intent, specific intent, and constructive intent

Question 40

Explain general intent

Answer 40

presumed from the act of commission

Question 41

Explain specific intent

Answer 41

requires preplanning and predisposition

Question 42

Explain constructive intent

Answer 42

the unintentional results of an act

Question 43

Identify parties to a crime

Answer 43

Principals, accomplices, and accessories

Question 44

Explain principals

Answer 44

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

Question 45

Explain accomplices

Answer 45

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

Question 46

Explain accessories (before the fact)

Answer 46

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

Question 47

Explain accessories (after the fact)

Answer 47

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

Question 48

Explain aider and abettor

Answer 48

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

Question 49

Identify the elements of attempt

Answer 49

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.

Question 50

Identify the elements of conspiracy

Answer 50

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

Question 51

Define self-defense

Answer 51

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

Question 52

Define insanity plea

Answer 52

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

Question 53

Define entrapment

Answer 53

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