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75 Cards in this Set

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When a person is apprenhended, what is the meaning of the term "physical restraint"

1. The loss of the person's free movement
2. The physical force required to accomplish the apprehension
3. The person is placed on confinement
4. The person resists apprehension
1. The loss of the person's movement
In which of the following circumstances may it be necessary to use force to apprehend an offender

1. When the offender has committed a serious crime
2. When the offender resists apprehension
3. When the the offender uses abusive language
4. When the offender threatens to run away
2. When the offender resists apprehension
Apprehensions should be made only when based on which of the following reasons.

1. Known offenses
2. Major offenses
3. Positive knowledge
4. Probable cause
4. Probable cause
When is an apprehension justified

1. Anytime a crime has been committed
2. Anytime for cause
3. Anytime the facts and circumstances indicate a person committed an offense
4. Under all of the above circumstances
3. Anytime the facts and circumstances indicate a person committed an offense
Unless an offense is of a serious nature, you should NOT apprehend an officer unless it is under which of the following circumstances

1. The officer is obviously drunk in public
2. The officer is out of uniform
3. You are ordered to do so by another officer
4. You are ordered to do so by an officer superior to the offender only
3. You are ordered to do so by another officer
You are the senior MA of a two-person patrol. As you approach an offender with the intent of apperhension, where should you place yourself in relation to the offender

1. Right front
2. Right rear
3. Left front
4. Left rear
1. Right front
In relation to the offender where should the second MA take a position

1.Right rear
2. Left rear
3. In the center, directly behind the offender
4. Where directed by the senior MA
2. Left rear
When it is necessary to effect an apprenhension, bear in mind that courtesy and politeness on your part may elicit which of the following responses

1. Better public relations
2. Respect for law enforcement
3. Smoother apprehensions
4. All of the above
4. All of the above
When evaluating a suspect prior to apprehension, which of the following information should you consider

1. Any reasonable doubt that the suspect committed the offense
2. If the charge is minor and whether the subject has been drinking
3. That the suspect knows the charge and is aware of his rights
4. The suspects' attitude, injuries, and probable cause
4. The suspect's attitude, injuries, and probable cause
Once a decision to aprehend has been made, it should be effected quickly for which of the following reasons

1. To prevent arguments
2. To book and charge the suspect with minimum delay
3. To remove the suspect from the scene with minimum delay
4. To prevent discredit on the law enforcement organization
3. To remove the suspect from the scene with minimum delay
To properly effect an apprenhension, which of the following statements to the suspect is sufficient

1. COME WITH ME
2. YOU'RE UNDER APPREHENSION
3. GET IN MY VEHICLE
4. A full reading of Article 31, UCMJ
2. YOU'RE UNDER APPREHENSION
On the scene, which of the following actions should you take immediately after effecting an apprehension

1. Notify your headquarters of the apprehension and identify the suspect
2. Notify the suspect's command
3. Search the suspect for weapons
4. Interrogate the suspect about the offense
3. Search the suspect for weapons
The right of civilians to assist in maintaining peace applies to which of the following Navy Personnel

1. All members of the Navy
2. Shore patrol only
3. Officers only
4. Petty officers and officers only
1. All members of the Navy
Under which of the following circumstances, if ever, may an MA ordinarily apprehend under the citizen's right to arrest

1. When the MA has the commanding officer's permission
2. When the offender is on a Naval base
3. At anytime th MA is on duty
4. Never
1. When the MA has the commanding officer's permission
An MA brought to trial for acts done while assisting civil authorities has what defense available

1. Superior orders only
2. Military necessity only
3. Superior orders and military necessity
4. Title 16, U.S Code
3. Superior orders and military necessity
The Fifth Amendment contains which of the following provisions
1. All persons are protected from illegal search
2. All persons are protected from illegal seizure of their property
3. No person shall be compelled in any criminal case to be a witness against himself
4. Each of the above
3. No person shall be compelled in any criminal case to be a witness against himself
Article 31 is a statutory enactment of judicial interpretations of what amendment of the Constitution

1. Fifth
2. Second
3. Third
4. Fourth
1. Fifth
What is an explanation of a suspect's rights before questioning called

1. Rights statement
2. Self-incrimination warning
3. Fifth Amendment warning
4. Pre-interrogation warning
4. Pre-interrogation warning
The right of an accused in a criminal case to be informed of the nature of the accusation against him is covered under what amendment to the Constitution

1. Fifth
2. Sixth
3. Third
4. Fourth
2. Sixth
The right to have the assistance of counsel for a person's defense is a right under what amendment to the Constitution

1. Fifth
2. Sixth
3. Third
4. Fourth
2. Sixth
What two words are the keys to understanding UCMJ Article 31(a)

1. Questioning and Interrogating
2. Compulsion and self-incrimination
3. Evidence and guilt
4. Self- incriminating and interrogation
2. Compulsion and self-incrimination
Protects suspects and witnesses from Self-incrimination

1. 31a
2. 31b
3. 31c
4. 31d
1. 31a
Prohibits you from interrogating a person prior to informing that person that he or she does not have to make a statement regarding the offense of which accused

1. 31a
2. 31b
3. 31c
4. 31d
2. 31b
Requires you to inform a suspect that any statement given by him or her could be used in a court-martial

1. 31a
2. 31b
3. 31c
4. 31d
2. 31b
Protects persons against making statements before any tribunal if the statement is not material to the issue

1. 31a
2. 31b
3. 31c
4. 31d
3. 31c
Precludes admission of immaterial or irrevelant evidence
1. 31a
2. 31b
3. 31c
4. 31d
3. 31c
Provides that evidence or statements obtained without affirmmative compliance with Article 31 by the interrogator are inadmissible in a court-martial

1. 31a
2. 31b
3. 31c
4. 31d
4. 31d
A failure to comply with Article 31 does not necessarily mean that a quilty person goes free

1. True
2. False
1. True
Of the following personnel, which one need NOT receive a rights warning during an investigation.

1. A suspect
2. A witness
3. The accused
2. A witness
Atricle 31 warnings may be given to suspects by which of the following persons

1. NCIS agents
2. Security personnel agents
3. Persons acting on the furtherance of a military investigation
4. All of the above
4. All of the above
A witness is being questioned and the interrogator suspects the witness has committed an offense. What if anything, must the interrogator do

1. Stop the questioning and inform NIS
2. Warn the witness after the interrogation is over
3. Warn the witness as soon as the interrogator suspects the witness
4. Nothing
3. Warn the witness as soon as the interrogator suspects the witness
During an interrogation, an accused makes a cenfession without proper warnings being given. What type of a statement

1. Voluntary
2. Spontaneous
3. Involuntary
4. Compelled
3. Involuntary
What official body has sanctioned the cleansing warning procedure

1. Supreme
2. Judge Advocate General
3. Court of Military Appeals
4. Naval Criminal Investigative Service
3. Court of Military Appeals
An MA may ask a person questions to establish identity without giving an Article 31 warning at which, if any, of the following times

1. When the person is a suspect
2. When the person is a witness
3. At any time
4. None of the above
4. None of the above
An MA must give an Article 31 warning to a person prior to making which of the following requests

1. Having an individual identify property by pointing to it
2. Requiring that an individual submit handwriting samples
3. Requesting that an individual be fingerprinted
4. Requesting physical examination by a licensed physician
1. Having an individual identify property by pointing to it
Of the following acts, which one is NOT considered degrading

1. Using a catherter
2. Extracting blood
3. Using a stomach pump
2. Extracting blood
In a trial by court-martial evidence obtained at an interrogation without the Tempia warning will be treated in what way

1. As admissible
2. As inadmissible
3. As circumstantial
4. As doubtful
2. As inadmissible
With regard to custodial interrogation, a suspect is considered taken into custody under which of the following circumstances

1. If the suspects is deprived of freedom of action in any significant
2. If the suspect could reasonably believe he or she is in custody
3. Both 1 and 2 above
4. When the suspect is placed under arrest only
3. Both 1 and 2 above
Advice to the accused of the right to counsel is normally required at which of the following times

1. When the accused is to be searched
2. When the accused is to be fingerprinted
3. When an Article 31 warning is not required
4. When an Article 31 warning is required
4. When an Article 31 warning is required
An accused has no right to counsel at which of the following times

1. At an Article 15 hearing
2. At a summary court-martial
3. Before making a decision concerning rejection of NJP
4. Before making a decision concerning acceptance of NJP
1. At an Article 15 hearing
In the military, "counsel" means a lawyer as defined in what source

1. Article 1010, Navy Regulations
2. Article 0901, Navy Regulations
3. Article 27, UCMJ
4. Article 37, UCMJ
3. Article 27, UCMJ
An accused who is to be interrogated has the absolute right to have counsel present at which of the following times

1. Before the interrogation
2. During th interrogation
3. Both 1 and 2 above
4. After the interrogation is over
3. Both 1 and 2 above
An accused may end an interrogation for which of the following reasons

1. The accused is tired
2. The accused has another appointment
3. The accused is bored
4. Each of the above
4. Each of the above
When an accused indicates a desire to terminate the interview after an Article 31 warning has been given, what action should be taken next

1. The interview is continued and any statement made after the indication to terminate the interview is admissible in trial
2. The interview is continued and any statement made after the indication to terminate the interview is inadmissible in a trial
3. The interview is terminated
4. The accused is advised that failure to continue the interview would be in violation of Article92, UCMJ
3. The interview is terminated
All suspects are entitled to warnings flowing from what amendments

1. Fourth, fifth and sixth
2. Fourth and fifth only
3. Fifth and sixth only
4. Fourth and sixth only
3. Fifth and sixth only
Article 31b of the UCMJ imposes how many requirements

1. One
2. Two
3. Three
4. Four
3. Three
After you have advised a suspect of the charges, the right to remain silent, and that anything he says may be used as evidence in a trial, what should you do next

1. Ask him if he understands
2. Begin your questioning
3. Show him the evidence
4. Read him Article 31
1. Ask him if he understands
The warning requirement is met by simply reading Article 31 to the accused

1. True
2. False
2. False
If an accused orally waives his rights but refuses to sign a rights acknowledgement form, what should you do

1. Call a lawyer
2. Stop the interrogation
3. Proceed with the questioning
4. Compel the accused to sign the form
3. Proceed with the questioning
If a rights acknowledgement form is NOT available in a street interrogation, what should you do

1. Secure a form before you interrogate
2. Interrogate in the presence of two witnesses
3. Obtain a lawyer for the suspect and interrogate
4. Interrogate and keep notes on the circumstances
4. Interrogate and keep notes on the circumstances
What are the punitive atricles of the UCMJ

1. 77 through 134
2. 77 and 134 only
3. 121 through 128 only
4. 128 through 134 only
1. 77 through 134
The offense of assault is covered in what article of the UCMJ

1. 77
2. 80
3. 121
4. 128
14. 128
A person who commits a crime is called a/an

1. Performer
2. Principal
3. Accomplice
4. Accessory
1. Performer
Of the articles defined as punitive, what article is NOT punitive in nature

1. 77
2. 78
3. 80
4. 81
1. 77
A person who provides assistance to a known prisoner to escape is called a/an

1. Principal
2. Accessory after the fact
3. Accessory during the fact
4. Accomplice
4. Accomplice
What article of the UCMJ covers an act done with specific intent to commit an offense, even though the attempt failed

1. 78
2. 80
3. 121
4. 129
2. 80
What article of the UCMJ covers insubordinate conduct toward a warrant officer or petty officer

1. 78
2. 86
3. 91
4. 94
3. 91
A person who quits his or her place of duty with intent to stay away permanently is guilty of what offense

1. Desertion
2. Missing movement
3. Absence with leave
4. Failure to obey an order
1. Desertion
Any member of the Armed Forces who without authority fails to go to his or her appointed place of duty at a prescribed time is in violation of what offense

1. Desertion
2. Missing movement
3. Absencce over leave
4. Absence without leave
4. Absence without leave
A person who is derelict in the performance of his or her duty is in violation of the UCMJ

1. 92
2. 90
3. 86
4. 82
1. 92
Applies to a person who enables a prisoner committed to his or her charge to escape

1. Article 95
2. Article 96
3. Article 97
4. Article 108
2. Article 96
Applies to the offense of a person who sells government property without proper authority

1. Article 95
2. Article 96
3. Article 97
4. Article 108
4. Article 108
Describes a person who resists arrest or apprehension

1. Article 95
2. Article 96
3. Article 97
4. Article 108
1. Article 95
Forbids the unlawful confinement of a person

1. Article 95
2. Article 96
3. Article 97
4. Article 108
3. Article 97
Deals with a person who escapes from custody

1. Article 95
2. Article 96
3. Article 97
4. Article 108
1. Article 95
Dicusses an offense that includes wrongfully releasing a prisoner

1. Article 95
2. Article 96
3. Article 97
4. Article 108
2. Article 96
What article of the UCMJ covers drunken or reckless driving

1. 100
2. 103
3. 108
4. 111
4. 111
If found drunk on watch, which of the following persons should NOT be charged with the offense of drunk on duty

1. An OOD
2. A quarterdeck messenger
3. A lookout
4. A duty storekeeper
4. A duty storekeeper
An enlisted person of a ship's watch NOT performing the duties of a sentinel or lookout is found drunk on duty. What article of the UCMJ covers this violation

1. 97
2. 112
3. 113
4. 134
2. 112
Under which of the following circumstances should a sentinel on post NOT be charged with Article 113 of the UCMJ

1. When found drunk
2. When found smoking
3. When found sleeping
4. When leaving his or her post before being regularly relieved
2. When found smoking
A service member who gives false testimony under oath should be charged with what offense

1. Perjury
2. Extortion
3. Breach of the peace
4. False official statements
1. Perjury
A service member who intentionally inflicts self-injury should be charged under what article of the
UCMJ

1. 114
2. 115
3. 116
4. 117
2. 115
A service member who signs any false record with intent to deceive may be charged under what atricle of the UCMJ

1. 81
2. 88
3. 107
4. 109
3. 107
A sailor, without intent, kills a shipmate through negligence. The sailor may be charged under what article of the UCMJ

1. 116
2. 119
3. 124
4. 132
2. 119
A member has been disrespectful toward his or her superior commissioned officer. What article of the UCMJ covers this offense

1. 88
2. 89
3. 91
4. 92
2. 89