Unit 7- Legal Aspects Flashcards
State law is designed to
Enhance public safety and set standards pg207
*National Highway Traffic Safety Administration (NHTSA) has the authority to
- Establish national highway safety program standards
- Monitor state compliance with national standard
- Approve or disapprove requests for federal highway safety and construction funds
- Revise UVC/MTO pg208
Assimilative Crime Act (Title 18, USC, Sec 13 is..
An act passed by the U.S. Congress that provided, “…If a
crime committed on land under federal criminal jurisdiction is not a violation of the federal law, but it is a violation of state law, then the state law may be made federal and violator tried in federal court.” pg208
Who is given the responsibility to establish an effective
traffic supervision program, which must be properly integrated in the overall INSTALLATION traffic safety program?
Installation Commanders pg209
Who will exercise overall STAFF responsibility for
directing, regulating, and controlling traffic, and enforcing the laws pertaining to traffic control?
Installation law enforcement officers pg209
Who will ensure that traffic signs, signals, pavement markings conform to the current Manual on Uniform Traffic Control Devices for Streets and Highways?
The facility engineer or engineer officer pg209
In reference to Corpus Delicti; what are the Elements of an offense
Acts – Actions prohibited by law.
Omissions – Something neglected or left undone.
Conditions – Of people, roads and vehicles at the time the act or omission took place.
Circumstances – The situation in which the act or omission took place. pg212
Who have the authority the APPREHEND?
Military law enforcement
All active commissioned, warrant, petty and NCOs
Civilians authorized to apprehend deserters pg 212
what are key elements to Drunken or Reckless Driving, MCM Art 111?
This article requires vehicular motion
Wanton: Includes reckless but in describing then operation of a vehicle, it may, in a proper case, suggest willfulness, or a disregard of probable consequences, and this describes a more aggravated offense pg213
Voluntary Manslaughter is committed in
the heat of sudden passion
caused by adequate provocation pg214
No person shall be placed in JEOPARDY TWICE for the same offense by the same crime, is an example of.
Double Jeopardy pg216
There are three steps to follow to ensure you use of a speed measurement device holds up in court, what are they?
Step 1. Establish scientific principle and judicial notice
Step 2. The device operator was trained and experienced on that device
Step 3. The device was checked out (verified calibration) and was working properly pg 218
