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91 Cards in this Set

  • Front
  • Back
In most cases, if a dying declaration is to be introduced at a trial for criminal homicide, in what condition must the person be at the time of trial?
Which is an exception to hearsay testimony?
Res gestae
What is Res gestae?
Involuntary exclamations or acts made at the time the offense was committed.
During trial, evidence is first introduced by?
The prosecution
When may one witness be present in court while another witness testifies?
When the trial counsel and defense counsel agree to the presence of the witnesses.
Objection to a witness on grounds of incompetence is made at what time?
At any time during trial
A Court Martial convened by the Navy can require the appereance of witnesses from which of the following services
All Armed Forces
Whent the witness is stationed near the location where the court convenes, by whom is the witness notified?
Trial Counsel
When a request for the attendance of a military witness is made, what is the minimum allowed time for notice before court convenes.
24 Hours
A subpoena is normally issued for a civilian witness a minimum of how many hours before the witness must travel from home to comply with the subpoena?
24 Hours
When may an accused be forced to testify?
When is an accomplice competent to testify?
At all times
When may a trial counsel be required to testify?
When his/her testimony is desired
A child must be 16 years of age in order for his/her testimony to be admissible?
When may a husband testify to confidential communications received from his wife?
When the wife has given consent
In cross-examination, what type of evidence many NOT be introduced to attack the credibility of the witness?
Testimony as to the character of the witness
Who decides whether or not a witness is competent to testify?
The trial counsel, the defense counsel, or the judge
The testimony of a witness may be impeached if it is proved that the witness made contradictory statements during the present trial.
What is a deposition?
A written declaration under oath or affirmation made by a witness in the presence of the adverse party.
A deposition may be taken by who?
A legal officer, a court officer, a notary public
Depositions are NOT in violation of the hearsay rule for what reasons?
Because the witness is under oath and there is an opportunity for cross-examination
What is different from a affidavit and a deposition?
A affidavit is made without giving the other side an opportunity to ask questions of the declarer.
Explain the examination process of witnesses.
First-direct examination by the party who called the witness.
Second-cross examination by the opposite party
Third-redirect examination
Leading questions are allowed in court proceedings at which of the following times.
When the witness appears hostile to the party who called him/her.
Are double questions allowed in court?
During trial, which type of questions are NOT forbidden.
Degrading question dealing with a minor issue of a trial.
A witness may NOT give his/her opinion regarding what characteristic of person at trial?
Are witness allowed to discuss their testimony?
Which one should be tried at a summary court martial
Minor offenses
A summary court martial has no civilian equivalent.
The power to convene a summary court martial rests with what authority?
Authorized command
An individual tried by a state court may only be retried by a summary court martial with the permission of what authority?
Officer exercising general court martial jurisdiction
What personnel may be tried by a summary court martial.
Petty Officer
If the number of charges exceed the amount of room provided on a charge sheet, what action should be taken?
Place them on a separate sheet of paper as attachment A
The signature of the accuser should appear in what block of the charge sheet?
For what reason is an accused informed of the charges?
To provide a reasonable notice of impending prosecution
Once a referral of a summary court martial case has been properly executed, what action should be taken next?
Forward the case file to the summary court martial officer
After referral, are changes allowed on the charge sheet?
Yes; but the changes must be initiated by the summary court martial officer.
What document contains information on a pretrial conference for a summary court martial?
MCM, Appendix IX
May reduction in grade be awarded at a summary court martial for E5 and above. If so, to what maximum number of inferior paygrades?
Yes; one
What document constains a trial guide for a summary court martial?
MCM, Appendix IX
Who is responsable for making sure only legal and competent evidence is presented at a summary court martial?
The court martial officer
If a summary court-martial officer has a question regarding the admissibility of evidence, from what source should assistance be obtained?
Navy legal service office
What are the major steps of a summary court martial?
Arraignment, motions, pleas, presentation of the evidence, findings, and sentence.
At a summary court martial, an accused may change any plea at any time before which event?
Findings are announced
When evidence is presented at a summary court martial, the witnesses for the accussed are called first
A special court-martial must have a minimum of how many members?
A special court martial, consisting of three members, counsel, but not military judge may NOT award which of the following punishments?
Confinement for six months
In a special court martial with a military judge, what person is responsible for presiding during deliberations
Senior member
What are the elements needed for a court-martial to properly try a case?
Jurisdiction over the offense, defendant, and proper convening authority
When an enlistee accused requests enlisted members sit on a special court martial, what fraction of the court must consists of enlisted members
When enlisted members are requested, but cannot be assigned due to extraordinary circumstances, what action must be taken?
The convening authority must forward a detailed explanation to the trial counsel.
The military judge of a special court martial should have which of the following qualifications?
Commisioned officer, a member of the bar of a Federal court, certified by the Judge Advocate General
When charges are officially withdrawn on the charge sheet, who must initial and date the changes?
The convening authority
In what way should a convening authority withdraw a case from one court and refer it to a new court
By executing a new block 14 referral to the charge sheet
While awaiting trial, an accused commits new offenses. How should these additional charges be referred?
By completing a new charge sheet
At a special court martial in times of peace, an accused be brought to trial a minimum of how many days after formal charges have been served?
What means of communication should the trial counsel use to notify the accused?
In person
Which plea is the strongest form of proof known to the law?
How many members in a special court martial must agree on finding a guilty verdict.
In court-martial, for what reason are matters in mitigation of an offense introduced?
To lessen the punishment adjudged by the court
In a member's trial, who is responsible for announcing the sentence?
President of the Court
Which type of court martial provides the greatest penalties provided by military law?
General Court Martial
Which type of investigation must be conducted before a general court martial may lawfully occur?
What is the purpose of an Article 32 pretrial investigation?
To formally inquire into the allegations contained in the charge sheet.
What action initiates an Article 32 pretrial investigation?
Written request from the trial counsel.
A military counsel must be qualified under what article of the UCMJ?
Art. 27
What official is responsible for making the initial determination on the availability of military witnesses.
Convening authority
During an Article 32 investigation, a witness is not reasonably available. If the defense objects, what type of statement may the investigating officer consider?
The pretrial advice by the CO's staff judge advocate does NOT include which of the following elements?
A recomended punishment for the offense.
A general court martial should be comprised of at least how many members?
The effects of a BCD on the benefits of a veteran depend on which of the following factors?
Type of court martial
The facts of the case
Who administers the benefits
A special court martial may adjudge hard labor without confinement for a maximum of how many months?
What term identifies a lump sum judgement against an accused payable to the United States
Automatic reduction to paygrade E1 is affected upon what approved punishment.
Confinement in excess of 90 days or 3 months only
The escalator clause permits a punitive discharge to those personnel involved in what type of cases?
Chronic offenders
What is the maximum sentence a special court martial may award?
BCD, confinement for 6 months, a forfeiture of 2/3 pay per month for 6 months, and reduction in rate to E1
Counsel Tactics: An attempt to lead the witness...?
To confuse the witness
Rapid fire questions
To give the impression that the witness is unreliable
Condescending counsel
To force inconsistent answers
Rapid fire questions
To lull the witness into a false sense of security
Friendly counsel
Procedures and directives for MA personnel assigned to duty at courts martial are set forth by...?
Individual commands
When assigned to guard a prisioner in court, where should the MAA be stationed?
In a position to observe the prisioner
If a prisioner is delivered to a court in handcuffs, when may the handcuffs be removed?
During the proceedings
Arrangements for the location of witnesses are made by whom?
The trial counsel
During a trial, administrative errands are performed by whom?
The court bailiff
Before and after each session of court, the court bailiff receives specific instructions from whom?
The military judge
In the deliberation room, the bailiff performs which of the following duties?
Ensures the court members have pencils and pads of voting paper
If a member of the news media insists on bringing a camera into the courtroom, the bailiff should report the incident to..?
The trial counsel
A court bailiff should be prepared to furnish which of the following services?
Summon witnesses, summon court members, collect written questions