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PAC 2022-02 > Block VII - PreTrial - First half > Flashcards

Block VII - PreTrial - First half Flashcards

1
Q

State basic facts about Summary Courts-Martial. (W)

A

Least severe CM.

Try enlisted for minor offense - not a federal conviction

SCM Participants:

Summary Court Martial Officer, Accused, Defense Counsel, Trial Counsel, if detailed

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2
Q

What is the DD Form 2329?

A

Record of Trial by Summary Court-Martial

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3
Q

Who are the SCM participants?

A

Summary Court Martial Officer: rights.

Accused

Defense Counsel

Trial Counsel, if detailed

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4
Q

What are some of the roles of the SCMO (Summary Court Martial Officer)?

A

Acts in a similar capacity to a judge in a GCM or SPCM

Examine Charge Sheet, allied papers, and avail personnel records of ACC before trial

Refers substantial changes to any docs to the CA (Convening Authority)

Holds preliminary proceeding and advises ACC of rights

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5
Q

Who can the SCMO be?

A

An active duty commissioned officer

Does not have to be an attorney, but may seek advice from an attorney on questions of the law.

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6
Q

State Summary Court Martial Procedures

A

SCMO (Summary Court Martial Officer examines charge sheet, allied papers and personal record of accused. Advises accused of rights outlined on DD Form 2329

Accused may object to SCM; SCMO annotates on 2329 and returns it to CA through the SJA

If accused does not object, SCMO proceeds with arraignment, hears evidence, and determines findings and sentence

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7
Q

Identify maximum punishments authorized in a trial by Summary Court-Martial (SCM). (W)

A

30 days confinement (E-4 and below)

45 days hard labor w/o confinement (E-4 and below)

Forfeiture of 2/3 pay for one month

Reduction

E-2 through E-4 à E-1

E-5 through E-9 à next lower pay grade

Restriction for two months (60 days)

Fine

Reprimand

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8
Q

State basic facts about Special Courts-Martial. (W)

A

Fairly severe in nature

More severe than Summary CM, but not more than GCM

For anyone subject to UCMJ

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9
Q

Who are the participants are in a SPCM?

A

Military Judge

Members – no less than 4 members on panel if requested by mbr

Court Reporter

Defense Counsel

Trial Counsel

Accused

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10
Q

Identify maximum punishments authorized in a trial by Special Court-Martial. (W)

A

Bad-conduct discharge (BCD) (enlisted only)

12 months confinement

Hard labor w/o confinement for 3 months (enlisted only)

Forfeiture 2/3 pay per month for 12 months

Reduction to E-1 (enlisted only)

Restriction for two months (60 days)

Fine

Reprimand

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11
Q

State basic facts about Special Courts-Martial by Military Judge Alone. (W)

A
  • CA may refer offenses that are fairly severe in nature directly to SPCM by MJA if offenses committed on/after 1 Jan 19
  • (Exception: unless offenses allege a penetrative sex offense)
  • Accused may reject SPCM by MJA if:
    • Specification requires sex offender notification under SECDEF regulations;
    • Maximum punishment for the specification is greater than two years confinement

(Exception: Article 112a for use or possession of a controlled substance or attempt thereof. ACC cannot reject MJA)

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12
Q

Identify maximum punishments authorized in a trial by Special Court-Martial by Military Judge Alone. (W)

A

Confinement for six months (enlisted only)

Hard labor w/o confinement for three months (enlisted only)

Restriction for two months (60 days)

Forfeiture of two-thirds pay per month for six months

Reduction to E-1 (enlisted only) (ALL RANKS)

Fine

Reprimand

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13
Q

When can an accused opt-in to new rules

A

ACC can opt-in to new rules if all offenses were not committed on/or after 1 January

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14
Q

State basic facts about General Courts-Martial. (W)

A

Most severe cases

Applicable to anyone subject to UCMJ

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15
Q

Identify maximum punishments authorized in a trial by General Court-Martial. (W)

A

Death

Punitive discharge (Dismissal for officers; DD/BCD for enlisted)

Confinement for life (with or w/o parole)

Hard labor w/o confinement for 3 months (enlisted only)

Forfeiture of all pay and allowances

Reduction to E-1 (enlisted only)

Restriction for two months (60 days)

Fine

Reprimand

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16
Q

Who are the participants in a GCM?

A

Military Judge

Members – at least 8 voting mbrs (for non-capital) (at least 12 mbrs for capital (court pursuing death penalty))

Court Reporter

Defense Counsel

Trial Counsel

Accused (can request MJA)

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17
Q

Identify authorized forms of pretrial restraint. (W)

A

Conditions on Liberty – moral restraint

Restriction in lieu of arrest - moral restraint

Arrest – moral restraint

Pretrial Confinement

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18
Q

What are the four types of pretrial restraint?

A

Conditions on Liberty - ACC ordered to do/refrain from certain things

Restriction in lieu of arrest - ACC to remain w/in certain boundaries. Performs full mil duties

Arrest - Limits ACC liberties. May not be req’d to perform full mil duties

Pretrial Confinement -Physical restraint. Deprives ACC of freedom pending disposition of offenses

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19
Q

What do Conditions on Liberty do?

A

Conditions on Liberty - ACC ordered to do/refrain from certain things

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20
Q

What do Restriction in lieu of arrest do?

A

Restriction in lieu of arrest - ACC to remain w/in certain boundaries. Performs full mil duties

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21
Q

What does Arrest do?

A

Arrest - Limits ACC liberties. May not be req’d to perform full mil duties

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22
Q

What does pretrial confinement do?

A

Pretrial Confinement -Physical restraint. Deprives ACC of freedom pending disposition of offenses

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23
Q

Can pretrial restraint be ordered as punishment for a suspected commission of an offense?

A

No.

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24
Q

To impose pretrial restraint, what must there be a reasonable belief of?

A

An offense triable by a CM has been committed

The person to be restrained committed it

The restraint ordered is req’d by the circumstances

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25
Q

Who must be notified of the limits of pretrial restraint and who can terminate pretrial restraint any time prior to trial?

A

The ACC must be notified of the terms/limits of restraint.

The members CC can terminate PTR at any time prior to trial unless it is pretrial confinement (PTC, which has limitations).

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26
Q

What are the requirements for Pretrial Confinement?

A

An offense triable by CM has been committed

The person confined committed it

Confinement is req’d by the circumstances because either:

The ACC is a flight risk, and PTC is necessary to ensure their presence at trial and/or

the ACC is likely to engage in other foreseeable serious criminal misconduct

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27
Q

Who may place members in pretrial confinement?

A

Any commissioned officer may order an Enlisted mbr into PTC

Any CC in the chain of command of a commissioned officer can order them into PTC.

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28
Q

What form is used for when an ACC is placed into PTC?

A

DD Form 2707, Confinement Order

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29
Q

State step-by-step case processing requirements for individuals in pretrial confinement. (W)

A

ACC will be held in the base confinement facility or at a civ confinement facility

Notify ACC’s CC w/in 24 hrs if ordered into PTC by someone else. Inform CC of ACC name, alleged offense(s) and person ordering PTC.

48-hr probably cause determination:

To cont PTC: a neutral and detached officer (can be mbrs CC) must believe that an offense triable by CM has been committed. The person confined committed it. Confinement is req’d by the circumstances because it is foreseeable that the person confined will not appear at trial, pretrial hearing or investigation, the person will engage in other foreseeable serious misconduct and less severe forms of restraint are inadequate.

Must determine to retain or release ACC. The officer prepares a memo explaining recommendation and is forwarded to ACC CC (if it’s not already the ACC CC).

CC 72-Hr review:

The ACC’s CC must decide if PTC will cont. If not, the ACC is released

If so, the CC must prepare the memo explaining the four criteria having been met and is forwarded to the SPCMCA.

SPCMCA appoints a Pretrial Confinement Reviewing Officer (PCRO)

Pretrial Confinement Review:

PCRO has 7 calendar days from imposition of PTC to conduct a hearing & report their decision regarding cont’d PTC to the SPCMCA.

Regardless of release or continuing PTC, the PCRO verbally report their decision to the SPCMCA and provides a written report (memorandum) to the SPCMCA w/in 24hrs after verbal decision. A copy of the memo w/ attachments is provided to the confinement officer, the SJA, the ACC and the ACC DC.

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30
Q

Who can order the ACC released from PTC?

A

Any CC in the ACC’s chain of command and the PCRO can order them be released before referral of charges.

The military judge assigned to preside in the case can order the ACC to be released AFTER referral

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31
Q

State the purpose of a working case folder. (W)

A

Acts as a central consolidation point for documents regarding a specific case

Working copies go in the case folder

Separate folder for originals

Maintained by case paralegals

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32
Q

Who is usually placed on admin hold?

A

Airmen facing CM charges

Material witnesses

Airmen facing an Article 32

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33
Q

Identify military justice related administrative hold type codes associated with the administrative hold process. (W)

A

CM charges preferred or pending civilian charges, code 15

Key and essential witnesses, code 14

Commander directed hold f/ Airman facing Art 32 charges, code 21

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34
Q

Who is the admin hold authority for any Air Force mbr identified as a material witness for a CM, facing criminal charges or awaiting trial by CM or civ court for an offense in which the MCM authorizes confinement for a year or more?

A

The SJA

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35
Q

Who else can place a member on admin hold besides the SJA?

A

AFOSI, SF, and the members CC

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36
Q

How long does an assignment availability code limited to?

A

6 months without prior approval from AFPC

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37
Q

What AAC code/rule is used for a material witness?

A

Code 14, Rule 8

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38
Q

What AAC code/rule is used for an Airman under criminal charges and or awaiting trial by CM?

A

Code 15, Rule 9

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39
Q

What AAC code/rule is used for a member under investigation by SF or OSI?

A

Code 17, rule 11

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40
Q

What AAC code/rule is used for an Airman facing an Article 32?

A

Code 21

Rule 14 for officers

Rule 15 for Enlisted

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41
Q

Where are SIRs sent to and how?

A

SIRs are sent to HQ/AF (JAJM) and other authorities using appropriately marked emails.

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42
Q

When are updates made to SIRs?

A

After every significant event until final disposition.

(i.e. disposition of investigation, Article 15, admin action, preferral, Article 32, and referral).

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43
Q

Identify cases that require Special Interest Reports (SIRs). (W)

A

E-8+ (Officer, CMSgt, SMSgt (regardless of offense))

Serious Crimes (regardless of subject’s grade): Offenses resulting in death, sexual-related violations, domestic violence, fraternization and unprofessional relationships, prohibited activities with mil recruits or trainees by a person in a position of special trust

Any offenses deemed by MAJCOM/NAF requirements

and any offense that has Media or Command interest

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44
Q

When do you submit a SIR?

A

Prepared and forwarded w/in 24 hours of learning of incident

When significant events occur after initial reporting

Continued until final deposition (case is complete)

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45
Q

Where is the listing of offenses that require a SIR found?

A

AFI 51-201, Administration of Military Justice

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46
Q

Identify format and method for Special Interest Reports (SIRs). (W)

A

Create in AMJAMS

Retrieve from AMJAMS reports page

Save as PDF (with the proper naming convention)

Email report to AFLOA/JAJM

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47
Q

State basic facts about the procedures required in activating the Special Victim Investigation and Prosecution (SVIP) capabilities. (W)

A

If a Military Criminal Investigative Organization (MCIO) investigator receives a qualifying allegation and an investigation is initiated. The SJA and SVIP team must be notified within 24 hours of the allegation

When jurisdiction is received from local authorities or MCIO becomes primary investigator, activation of SVIP team occurs w/in 24 hrs.

After determining that an allegation meets the criteria of a special victim covered offense, the judge advocate will conduct a case consult w/ the investigator to obtain facts and circumstances and provide initial legal advice.

Case update consultations must occur bi-weekly thereafter

48
Q

Who comprises the SVIP team?

A

At least one certified JA

At least one 7-lvl paralegal (PCC c/w)

VWAP personnel

Detailed Special Victims Unit - Circuit Trial Counsel (SVU-CTC)

Case agent or other investigator

49
Q

State the purpose of a proof analysis. (W)

A

To provide a brief summary of key issues relating to a pending court

Used to analyze each element of an offense against the evidence

Helps narrow down evidence that proves each element

Identifies issues of admissibility and credibility of witnesses

Identifies potential defenses

Must have one in every case

It is a living document and must be updated at least monthly

50
Q

Identify the format and basic contents of a proof analysis. (W)

A

Chart (preferred) or paragraph style

Attorney Work Product Statements

The charge(s) and specification(s)

Maximum punishment

Analysis (Bread & Butter)

Potential Witnesses

Maximum Punishment – cumulative

51
Q

What is in the Analysis portion of a Proof Analysis?

A
  • Elements from Part IV of the MCM and Military Judges Benchbook
  • Evidence/Testimony supporting each element
    • Defenses/Responses to the evidence
  • Evidentiary needs/problems
    • Sometimes a VIC doesn’t want to testify
52
Q

In a Proof Analysis, what are some of the types of witnesses?

A

Findings witnesses (first half of trial trying to prove guilt)

Document witnesses (testify regarding particular documents). Can be an expert witness)

Sentencing witnesses. Witness can be anyone talking about the ACC character, rehabilitation of ACC, etc.

53
Q

State basic facts about obtaining reports from other agencies. (W)

A

Proof analysis shows elements of alleged offense and documentary evidence and witnesses are used to satisfy those elements

Two primary investigative agencies f/ mil: OSI & SFOI (S2I)

If the investigative agency is civilian, they must be contacted w/ ID’ing info on ACC to obtain facts about incident.

54
Q

Identify facts about requesting a pre-referral investigative subpoena from the military judge and General Court-Martial Convening Authority. (W)

A

Allows agency to request and obtain documents prior to referral

Does not extend to witnesses. DC may request the TC apply for it. Blanket authorizations not allowed

GCMCA (@ NAF) may delegate authority to a subordinate SPCMCA (@ Wing) in writing

Approval Authority – GCMCA/SPCMCA then Military Judge

If a qualified CC is not avail, TC shall contact the CDO to req. a MJ be assigned.

55
Q

What will a subpoena consist of?

A

What is being searched for and where

56
Q

Can the TC apply to a MJ or qualified CC for a subpoena before preferral and referral?

A

Yes under RCM, 309, 703(g)(3)(C) and Article 30a

57
Q

Explain the process to obtain the documents for request under the Stored Communications Act. (W)

A

TC submits an Article 30a, Proceeding Request, via email to CDO, a MJ is assigned and an Article 30a hearing (recorded and transcribed) occurs to decide if subpoena is appropriate or not.

TC ensures that the record of proceedings is maintained on behalf of or by the appropriate CA or commander.

58
Q

Who is the approval authority for a request under the Stored Communications Act?

A

The Military Judge rules on the request to find it acceptable or not

59
Q

What is preferral of charges?

A

The formal procedure for making an accusation against an accused. The accuser (usually the mbrs CC) signs and swears to the charges and specifications.

60
Q

What is referral?

A

The official stage whereby a charge sheet becomes an official court-martial is known as the “referral” of charges. Referral occurs when the highest competent authority, the General Court-Martial Convening Authority, after reviewing the allegation and Article 32(b) hearing report, decides to send it to court.

61
Q

Identify basic facts regarding depositions. (W)

A

Types: Oral & Written

Transcribed or recorded on videotape, audiotape, or similar

Offered & presented during trial by side who requested it

Can be objected to

62
Q

Who approves depositions?

A

After preferral - the CA

After referral - CA or MJ

63
Q

Recall some items about drafting courts-martial charges and specifications

A

AF must have jurisdiction over both the accused and the offense in order to prosecute

All elements of the offense must be met by

Written in 3rd person

In that “RANK FIRST LAST, United States Air Force, 42d Communications Squadron, did, at or near Maxwell Air Force Base, Alabama”

64
Q

When drafting multiple charges, how are they numbered?

A

Roman numberals (I, II, III, etc)

CHARGE I:

CHARGE II:

65
Q

What form is the Charge Sheet?

A

DD Form 458, Charge Sheet

66
Q

What is the charge sheet used for?

A

Formally charge an accused with the commission of an offense or offenses under the UCMJ

67
Q

What are the sections of the Charge Sheet?

A

Part I - Personal Data

Part II - Charges and Specifications

Part III - Preferral (Accuser put under oath, JA who administered oath signs in the affidavit, ACC is informed of charges, 1st Ind is created w/ recommendation on type of court and retainment. Also has PDS, ROI, & other evidence. Routed to SPCMCA through SJA)

Part IV - Receipt by Summary Court Martial Convening Authority. (Tolls Statute of imitations. SPCMCA (or SJA if needed) receipts for charges

Part V - Referral, Service of Charges

68
Q

If there is only one charge, what does it look like?

A

“CHARGE:”

69
Q

When drafting multiple specifications, how are they numbered?

A

Using Arabic numerals (1, 2, 3, etc)

Specification 1:

Specification 2:

70
Q

If there is only a single specification, how is it written?

A

Specification:

71
Q

State simple facts about processing requests for discharge in lieu of trial by courts-martial (Chapter 4). (W)

A

Enlisted Mbr submits Chap 4 request and goes to SPCMA. (25 day goal timeline)

If the Article 32 report has been sent to the GCMCA, the SPCMCA can only recommend approval or denial and forward to GCMCA for decision

If Article 32 report has not been sent to GCMCA, the SPCMCA can Deny request OR recommend approval and send to GCMCA for final decision

72
Q

State simple facts about processing Officer Resignation for the Good of the Service (RILO) requests. (W)

A

Officer submits RILO (60 day processing goal)

SECAF is the only one who can approve a RILO.

Before referral: Any level can deny (Wing, NAF, MAJCOM) on it’s way to SECAF for approval/denial

After referral: Wing, NAF, MAJCOM can only make a recommendation on approval or denial to SECAF

73
Q

Determine step-by-step procedures of the Article 32, preliminary hearing process. (W)

A

SPCMCA appoints PHO (Preliminary Hearing Officer) →

PHO conducts hearing where TC and DC present evidence & witnesses →

No later than 24 hrs after hearing closes but no later than 5 days, TC, DC, SVC and victim’s may submit supplemental info f/ consideration →

The PHO report is created on DD Form 457 w/ any attach(s) and is sent to the SJA w/in 8 days of hearing close →

SJA provides report to CA who directed the hearing (usually SPCMCA) →

SPCMCA makes their decision from avail options. If SPCMCA recommends a GCM, they forward the Art 32 report, w/ attachments to GCMCA for disposition→

Upon receipt of Art 32 report at GCMCA level, the GCM SJA will review and prepare formal written advice

74
Q

What are the recommendations the PHO makes regarding disposition of a case?

A

Refer the charges to GCM, SPCM, SPCM by MJA, or SCM

Dispose of as an Article 15

Dismiss all or part of charge(s)

75
Q

What are the conclusions the PHO must make?

A

Probable cause the offense has been committed and the accused committed it

Convening authority has jurisdiction

Whether the charge(s) and specification(s) are in proper form

76
Q

What options does the SPCMCA have when being forwarded the PHO report?

A

Dismiss all or part of the charge(s)

Forward to subordinate or superior CC for disposition

Refer charge(s) to SCM, SPCM, or SPCM by MJA

Direct further investigation

77
Q

If the SPCMCA decides to recommend a GCM to the GCMCA, what is in the referral package?

A

SPCMCA’s recommendation for disposition

DD Form 458 (Charge Sheet) with 1st Ind and attachments

PHO’s appointment letter and Article 32 report, with attachments

List of court member nominees and member data

78
Q

Explain the proper methods to distribute a preliminary hearing officer (PHO) report to the accused. (W)

A

Provide recording to victim and accused

Get receipt

79
Q

Recall general principles regarding Victim and Government Supplementary submission of Article 32, preliminary hearing on an accused. (W)

A

No later than 24 hours after hearing closes, GR (the TC – Government Representative), DC, SVC, and any named victim may submit supplemental information for the PHO’s consideration

80
Q

Recall general principles regarding pretrial advice. (W)

A

Upon receipt of the Article 32 report the pretrial advice is created by the GCM SJA

Written & req’d for all GCMs.

It is from the GCM SJA to the GCMCA. GCM SJA must sign personally unless DQ’d

If it goes to a GCM a copy provided to DC and ACC

81
Q

What are some of the conclusions made by the GCM SJA?

A

Conclusion with respect to whether each specification alleges an offense under the UCMJ

Conclusion with respect to whether each specification is warranted by the evidence indicated in the Article 32 report

Conclusion with respect to whether a court-martial would have jurisdiction over the accused and the offense

Recommendation of the action to be taken by the GCMCA

82
Q

Determine step-by-step procedures for drafting pretrial advice. (W)

A

Can be prepared by another member of GCM SJA staff

GCM SJA must personally sign, unless disqualified

Copy given to DC and accused

83
Q

What are the GCMCA’s options regarding a decision based off pretrial advice?

A

Dismiss all or part of the charge(s)

Forward to subordinate or superior CC for disposition

Convene SCM, SPCM, SPCM by MJA, or GCM

Direct further investigation

84
Q

Recall general principles regarding court-martial member selection procedures. (W)

A
  • GCM & SPCM: the accused can request panel member
    • At least one-third of the panel must be enlisted and can be from the same unit
  • SJA prepares proposed member list
  • Convening authority selects the members
    • SPCMCA for SPCM
    • GCMCA for GCM
  • Panel selected based on best qualified IAW Art 25
    • Age
    • Education
    • Training
    • Experience
    • Length of service
    • Judicial temperament
85
Q

State the legal qorum amounts for SPCM and GCM’s

A
  • Legal Quorum for SPCM – 4 members (FIXED NUMBER)
    • Legal Quorum for GCM – 8 members (after impanelment trial may proceed with 6 members) (FIXED NUMBER).
86
Q

State the 3 options the CA has regarding alternate members.

A

Alternate Members ( CA has 3 options)

No alternates

CA can authorize a specific #, OR

CA can authorize if excess members remain after challenges

87
Q

What are the Special Order Number designations?

A

Special Order A - GCM

Special Order AB - SPCM

Special Order AC - SCM

Special Order AD - SPCM by MJ Alone

88
Q

What are the statutory waiting periods to be tried once they have been served charges for an SPCM or GCM?

A

SPCM – 3 days after service of charges

GCM – 5 days after service of charges

89
Q

Who can sign Part V Referral, Service of Charges on the DD Form 458 (Charge Sheet).

A

For an SPCM: The CA (Wg/CC) or the SJA

For a GCM: The CA (GCMCA) or the GCM SJA

90
Q

What changes on the DD Form 458 (Charge Sheet) if a SJA or GCM SJA signs for the CA?

A

If someone other than CA is signing →

place “XX” over the “By” and “of” and put “FOR THE COMMANDER” on the “Command or Order” line. Then fill in the correct information for the SJA

91
Q

Determine step-by-step procedures for court-martial member replacement/excusal. (W)

A

CA may excuse members as necessary - Up to entire panel

CA may delegate authority to excuse members to SJA. SJA may not excuse more than 1/3

Amendment is used. Can only amend an original convening order two times and each amendment must have the savings clause.

The amending order must cite all orders amending the convening order

92
Q

What must be included in a newly published convening order if two amendments have been made?

A

Transfers untried cases from old court to new court

Cite all amending orders

Include savings clause

93
Q

What is the most common reason for amending a convening order?

A

An Enlisted ACC asks for a panel that includes enlisted members

94
Q

What is the distribution list for a GCM & SPCM?

A

Each individual

Each organization/CC

Central Docketing Office

GCMCA/JA (office symbol)

Base level/JA (office symbol)

ANGRC/JA (Air National Guard cases only)

95
Q

What is the distribution list for Distribution list for SPCM by Military Judge Alone?

A

Central Docketing Office

GCMCA/JA (office symbol)

Base level/JA (office symbol)

ANGRC/JA (Air National Guard cases only)

96
Q

What is the distribution list for SCM?

A

SCM Officer

GCMCA/JA (office symbol)

Base level/JA (office symbol)

ANGRC/JA (Air National Guard cases only)

97
Q

What does the CDO (Central Docketing Office) do?

A

Detail Military Judge

Schedule Trial Date

Maintains docket for all pending C-M cases that judges are detailed/assigned to

98
Q

Restate basic facts about docketing procedures for Air Force courts-martial cases. (W)

A

Uniform Rules of Practice govern what is required to provide the CDO

notify CDO and email with corresponding documents for required items. (pg 64 SG)

When requesting trial date, both sides hopefully come to agreement on date. If not, it goes to a docketing conference

CDO sends confirmation memo to all parties, including MJ. MJ holds scheduling conference that lays out expectations from current date until trial

99
Q

What is a docketing conference used for?

A

Used if parties cannot agree on trial date or bifurication.

All parties will submit week-by-week breakdown of their schedule.

100
Q

Explain the proper methods for notifying trial participants. (W)

A

Notify via email with the convening order attached, follow up with phone call

Explain procedures and expectations for reporting on the day of court (service dress). Do not divulge details of the court

Contact day prior to court start date (follow-up call) as a reminder

101
Q

Explain the information to provide to court-martial panel members. (W)

A

Explain procedures and expectations for reporting on the day of court (service dress).

Telephone standby on starting day of trial

102
Q

Cite examples of items covered when briefing a bailiff on their responsibilities during courts-martial. (W)

A

Says “All rise” when MJ & members enter/exit courtroom

Assists members and officers of the court

Secures evidence

Keeps spectators quiet

Ensures no cameras, recorders, cell phones, beepers, etc.

Retrieves witnesses

Retrieves members

Passes messages between members and MJ

103
Q

Recall the differences between intra-command and inter-command witness funding responsibility. (W)

A

Intra-command - In the same MAJCOM where CM is convened

Inter-command - In a MAJCOM other than where the CM is convened

104
Q

Who does the CA fund?

A

Intra-command witnesses

Non-DoD civilians

Pretrial Hearings (Article 32, deposition, etc)*

*For travel relating to pretrial proceedings, the SPCMCA is responsible for all funding, independent of their status

105
Q

Who does the HQ/AF (JAJM) fund?

A

Inter-command witnesses (GCM and SPCM)

Urinalysis Experts (DoD and Non-DoD)

Done through WFMS

Must submit witness request within 10 days of trial

106
Q

Identify basic facts about preparing travel orders and payment vouchers for military, DoD civilian, and civilian witnesses in the Defense Travel System (DTS). (W)

A

Ensure all receipts 75$+ are provided to CP (for lodging, rental car, airfare (personally obtained), and any non-meal costs)

Generate DD Form 1351-2, Travel Voucher or Sub-voucher (within 5 duty days of completing travel)

Upload to DTS and submit voucher

Proper approval authority process the payment

Payment is made direct deposit to the witnesses bank account

107
Q

What is “cross-org”

A

Providing the military mbr or DoD civ w/ the fund cite

The fund cite is the location (or pot of money) from which funds are being drawn.

108
Q

Identify how to process a witness request for approval or disapproval. (W)

A

TC responsible for obtaining all witnesses. Ensure military witnesses are on hold

Submits up to the CA for approve/disapproval

109
Q

Outline the responsibilities for coordinating witness travel arrangements. (W)

A

Keep all witnesses informed on trial dates, travel, etc.

For Mil/DoD-Civ: providing fund-cite and any additional information needed such as lodging costs, etc.

For civ/experts: Get required information to build their DTS profiles and creating their orders.

110
Q

State witness funding authority and limits for expert witnesses. (W)

A

Expert can be requested by TC or DC and is authorized by the CA.

Paid for by CA funds except urinalysis experts are paid f/ by JAJM

111
Q

Identify when and why an expert witness Memorandum of Agreement (MOA) is required. (W)

A

Sets forth terms of employment

Indicates whether expert is f/ gov or def

Explains methods of reimbursement to expert

Signed by SJA/TC (if delegated) or the CA and Expert Witness

112
Q

Identify individuals authorized to subpoena witnesses post referral. (W)

A

TC may subpoena non-DoD civilian witnesses for SPCM/GCM

SCMO for SCM

113
Q

Recall the form used to subpoena witnesses within the Air Force. (W)

A

DD Form 453, Subpoena

(Think 453, come get me)

114
Q

Who delivers the subpoena in formal service?

A

someone from legal office, or Security Forces, or AFOSI

Local law enforcement can assist in serving.

If the witness not w/in the local area: Subpoena is mailed, in duplicate, to Wg/CC of mil installation nearest w/ request for assistance.

115
Q

Recall procedures for informal service of subpoena

A

Mail out original + one copy

Include postage-paid envelope w/ return address (usually the TC or SCMO’s address)

Include written request f/ witness to sign/return the copy. Also include voluntary compliance w/ request doesn’t preclude payment of any witness and/or mileage fees due to them.

116
Q

What form is the PHO report on?

A

DD Form 457

PAC 2022-02 (10 decks)

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