Class Quiz

Question 1

Statute created by Congress to administer criminal justice in the military is known as the?

Answer 1

Uniform Code of Military Justice (UCMJ)

Question 2

Statute that permits arrests and trial for certain DoD civilians overseas is known as?

Answer 2

Military Extraterritorial Jurisdiction Act (MEJA)

Question 3

Jurisdiction under the UCMJ is _____, not geographical and applies _________.

Answer 3

personal/worldwide; all the time, anywhere in the world

Question 4

To prosecute someone under the UCMJ that person must have committed an offense under the Code and must be subject to the code at the time of the _____ and at the time of the_______

Answer 4

offense; trial

Question 5

In the military, an accuser must be _______

Answer 5

subject to the code

Question 6

Describe the role the AUSA plays in the military justice system.

Answer 6

AUSA is not part of the military justice system

Question 7

Who is ultimately responsible for maintaining good order and discipline in the command?

Answer 7

Commander

Question 8

Trial Counsel perform what function in the Military Justice System

Answer 8

Prosecutor

Question 9

Active duty military agents are not permitted to arrest _____

Answer 9

civilians

Question 10

What is required to enter private dwelling on a military installation to arrest an active duty member of the armed forces?

Answer 10

search authorization granted by the installation commander

Question 11

who makes the determination on how to resolve allegations of criminal misconduct against those subject to the code?

Answer 11

commander

Question 12

When an accuser formally swears to charges against someone subject to the code, this is known as what?

Answer 12

Preferral

Question 13

When a Convening authority forwards a case to court-martial, this is know as what?

Answer 13

Referral

Question 14

What is required before any case is taken to General Court-Martial

Answer 14

Article 32

Question 15

Article 31 Rights are required when a person subject to the code is:

Answer 15

suspected/accused of committing a crime; in custody; interrogated by an individual subject to the code (includes agents); questions must be related to crime they are suspect of perpetrating

Question 16

What is the additional 5th Amendment right given to those subject to the code

Answer 16

not limited to custodial interrogations

Question 17

In the military, the 6th amendment right to counsel is triggered by what?

Answer 17

request for counsel and if they are in custody

Question 18

In the Navy and Marine Corps, who typically signs Search Authorizations?

Answer 18

A commander

Question 19

T/F : A service member has no reasonable expectation of privacy in government property issued for personal use.

Answer 19

False

Question 20

In a government vehicle, where does a service member have REP?

Answer 20

On their person and within their own containers

Question 21

If the agency wants to conduct a search of a private residence house on a military installation, is a search authorization required?

Answer 21

Yes, by the installation commander

Question 22

T/F: An installation commander may authorize the search of a private vehicle while it is on the installation

Answer 22

True

Question 23

To search of a military member’s private residence off the military installation, what does NCIS need to obtain to do that search?

Answer 23

A search warrant

Question 24

What is an exception to the spouse communication privilege?

Answer 24

Sham marriage, child abuse, joint illegal activity

Question 25

Certain state crimes may be assimilated into the UCMJ using what punitive article?

Answer 25

Article 134

Question 26

To convict under clause 1 and 2 of Article 134, what two elements must the government prove?

Answer 26

Good order and discipline; discredit upon the armed forces

Question 27

What is the primary difference between a sexual act and sexual conduct under Article 120 of the UCMJ

Answer 27

Penetration (Sex act); Touching (Sex contact)