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75 Cards in this Set

  • Front
  • Back
A military counsel must be qualified under what article of the UCMJ

1. 19
2. 27
3. 28
4. 38
2. 27
What official is responsible for making the initial determination on the availability of military witnesses

1. Convening authority
2. Counsel for the government
3. Commanding officer of the witness
4. Pretrial investigation officer
4. Pretrial investigation officer
During an Article 32 investigation, a witness is not reasonably available. If the defense objects, what type of statement may the investigating officer consider

1. Sworn
2. Written
3. Unsworn
4. Prior testimony
1. Sworn
The pretrial advice by the CO's staff judge advocate does NOT include which of the following

1. Whether each specification alleges an offense
2. Whether each allegation is substantiated by the evidence
3. A recommended action by the convening authority
4. A recommended punishment for the offense
4. A recommended punishment for the offense
A general court-martial should be comprised of at least how may members

1. Six
2. Seven
3. Three
4. Five
4. Five
The effects of a BCD on the benefits of a veteran depend on which of the following factors

1. Type of court-martial
2. The facts of the case
3. Who administers the benefits
4. All of the above
4. All of the above
A special court-martial may adjudge hard labor without confinement for a maximum of how many months

1. 5
2. 2
3. 3
4. 4
3.3
What term indentifies a lump sum judgement against an accused payable to the United States

1. Fine
2. Charge
3. Penalty
4. Forfeiture
1. Fine
Automatic reduction to paygrade E-1 is effected upon what approved punishment

1. Punitive discharge and confinement in excess of 90 days
2. Punitive discharge or confinemetnt in excess of 90 days
3. Confinement in excess of 90 days or 3 months only
4. Confinement in excess of 30 days or 1 month
2. Punitive diacharge or confinement in excess of 90 days
The escalator clause permits a punitive discharge to those personnel involved in what type of cases

1. Moral trupitude
2. Chronic offenders
3. Grievous bodily harm
4. Unauthorized absence of 1 year
2. Chronic offenders
What is the maximum sentence a special court-martial may award

1. BCD, confinement for 3 months, and forfeiture of 1/2 pay per month for 6 months
2. BCD, confinement for 6 months, and forfeiture of 2/3 pay per month for 6 months and reduction in rate to E-1
3. BCD, confinement for 6 months, and forfeiture of 3/4 pay per month for 6 months
4. BCD, confinement for 1 year, and forfeiture of 3/4 pay per month for 8 months, and reduction in rate to E-1
2. BCD, confinement for 6 months, and forfeiture of 2/3 pay per month for 6 months and reduction in rate to E-1
An attempt to lead the witness

1. Freindly counsel
2. Condescending counsel
3. Rapid fire questions
4. Sugesstive
4. Suggestive
To confuse the witness

1. Friendly counsel
2. Condescending counsel
3. Rapid fire questions
4. Suggestive
3. Rapid fire questions
To give the impression that the witness is unreliable

1. Friendly counsel
2. Condescending counsel
3. Rapid fire questions
4. Suggestive
2. Condescending counsel
To force inconsistent answers

1. Friendly counsel
2. Condescending counsel
3. Rapid fire questions
4. Suggestive
3. Rapid fire questions
To lull the witness into a false sense of security

1. Friendly counsel
2. Condescending counsel
3. Rapid fire questions
4. Suggestive
1. Friendly counsel
Procedures and directives for Master-at-arms personnel assigned to duty at courts-martial are set forth by which of the following authorities

1. Type commander
2. Individual commands
3. Secretary of the Navy
4. Judge Advocate General
2. Individual commands
When assigned to guard a prisoner in court, where should the MAA be stationed

1. At the rear of the court
2. In a position to observe the prisoner
3. As directed by the defense counsel
4. At the bar facing the court
2. In a position to observe the prisoner
If a prisoner is delivered to a court in handcuffs, when, if ever, may the handcuffs be removed

1. During the proceedings
2. When the prisoner arrives
3. When the prisoner enters th courtroom
4. Never
1. During the proceedings
Arrangements for the location of wittnesses are made with whom

1. The judge
2. The court bailiff
3. The defense counsel
4. The trial counsel
4. The trial counsel
During a trial, adminisrative errands are performed by whom

1. The guard
2. The court bailiff
3. The messenger
4. The MAA
2. The court bailiff
Before and after each session of court the court bailiff receives specific instructions from whom

1. The defense counsel
2. The senior member
3. The military judge
4. The trial counsel
4. The trial counsel
In the deliberation room, the bailiff performs which of the following duties

1. Guards the entrance
2. Ensures the court members have pencils and pads of voting papers
3. Provides court papers for the defense and trial counsel
4. Performs errands
2. Ensures the court members have pencils and pads of voting paper
When the military judge enters the courtroom the bailiff makes what statement

1. Judge_______ presiding
2. Court is in session
3. Everyone please stand
4. All persons please rise
4. All persons please rise
When the court members enter the courtroom, what announcement if any, will the bailiff make

1.Attention on deck
2. Everyone please stand
3. All persons please stand
4. None
2. Everyone please stand
If a member of the news media insists on bringing a camera into the courtroom, the bailiff should report the incident to whom

1. The guard
2. The judge
3. The trial counsel
4. The senior court member
3. The trial counsel
When court members are in closed session, who may enter the deliberations room

1. The trial counsel
2. The defense counsel
3. The court members
4. The bailiff
3. The court members
A court bailiff should be prepared to furnish which of the following services

1. Summon witnesses
2. Summon court members
3. Collect written questions
4. All of the above
4. All of the above
Masters-at arms are assigned to civil court for which of the following reasons

1. To ensure the civil courts treat the Armed Forces personnel fairly
2. To as an escort for the accused servicemember
3. The record the court proceedings
4. To establish and maintain a good relationship between Armed Forces personnel and civil agencies
4. The establish and maintain a good relationship between Armed Forces personnel and civil agencies
It is the duty of civil court liason to use what resource(s) to learn of civil offenses committed by military personnel

1. Civil police department only
2. Civil police and military only
3. Military police and legal ofice only
4. All available resources
4. All available resources
Civil court liasion personnel perform which of the following duties

1. Accept custody of military personnel released by civil authorities
2. Maintain a written record of visits
3. Intiate reports as required
4. Each of the above
4. Each of the above
When, if ever, are working files of civilian court cases destroyed

1. When the case is closed
2, Six months after the case is closed
3. One year after the case is closed
4. Never
1. When the case is closed
A Master-at-arms, acting as a civilian court liasion, may be required to attend sessions of criminal and traffice courts

1. True
2. False
1. True
The basic laws of nonjudicial punishment may be found in which of the following sources

1. Part V of the MCM
2. Part B of the JAGMAN
3. Article 15 of the UCMJ
4. All of the above
4. All of the above
Which of the following statements is correct concerning nonjudicial punnishment (NJP)

1. It is a forum for command members to air grievances
2. The power to impose NJP is inherent in the individual
3. It promotes positive behavior changes
4. It is reserved for major offenses only
3. It promotes positive behavior changes
Ordinarily, the power to impose nonjudicial punishment cannot be delegated

1. True
2. False
1. True
What official must approve any limitation of authority by subordinate commanders under Article 15

1. CNO
2. SECDEF
3. SECNAV
4. CHNAVPERS
3. SECNAV
Which of the following personnel may be taken to mast by a Navy commander

1. TSGTB Brush, USAF
2. SSGT Doe,, USA
3. MM3 Boate, USCG
4. CPL Pistol, USMC

1.
4. CPL Pistol, USMC
Under what circumstance, if any, may Reserve personnel be recalled to active duty for imposition of Nonjudicial punishment that includes restraint

1. When recalled by the CO of the Reserve center
2. When the recall is approved by SECNAV
3. When recalled for a time longer than the period of restraint
4. None
2. When the recall is approved by the SECNAV
A members right to refuse imposition of nonjudicial punishment terminates at what time

1. When the report chit is signed accepting mast
2. When the rights acknowledgement is signed
3. When the accused appears before the CO
4. When the punishment is announced by the CO
4. When the punishment is announced by the CO
The term "minor offense" means misconduct that is usually handled at which of the following courts-martial

1. Summary
2. Special
3. General
1. Summary
Who makes the final determination as to whether or not an offense is considered minor

1. Legal officer
2. Division officer
3. Executive officer
4. Commanding officer
4. Commanding officer
A commanding officer who has imposed nonjudicial punishment may not later refer the same case to a court-martial

1. True
2. False
2. False
A member may receive nonjudicial punishment after being tried by which of the following courts

1. Juvenile court
2. Federal district court
3. Special court-martial
4. General court-martial
1. Juvenile court
Where can instructions be found for processing a Report and Deposition of Offense(s), NAVPERS Form 1626/7

1. MCM
2. JAGMAN
3. BUPERSINST 1626.1
4. On the form itself
4. On the form itself
The NAVPERS Form 1626/7 serves its purpose well but does not include which of the following information

1. Records and premast restraint
2. Preliminary inquiry report
2. Premast advice
4. Appeal Rights
3. Premast advice
In what manner should witnesses be listed on the NAVPERS Form 1626/7

1. Civilian witnesses and then military witnesses in order of seniority
2. Military witnesses and then civilian witness in alphabetical order
3. Military witnesses by seniority and civilians
4. Military and civilian witnesses in the order of involvement in the offense
3. Military witnesses by seniority and then civilians
If an accused refuses to sign the NAVPERS Form 1626/7 acknowledging the charges against him, what action should be taken

1. The person informing the accused of the charges should sign for the accused
2. The person informing the accused of the charges will sign to that fact
3. The accused should be given a direct order to sign the form
4. The form is forwarded without any signatures
1. The person informing the accused of the charges should sign for the accused
In addition to the accused, who else must sign the premast restraint section of the NAVPERS Form 1626/7 when restriction is imposed

1. The division officer
2. The commanding officer
3. The person informing the accused of the offense(s)
4. The person imposing restraint
4. The person imposing restraint
The accused's nonjudicial punishment notification and election of rights may be found in which of the following documents

1. MCM
2. UCMJ
3. JAG Manual
4. NAVPERS 1626/7
3. JAG Manual
The term "Booker Rights" includes which of the following rights

1. The accused was offered an opportunity to talk with an attorney
2. The accused was informed that acceptance of NJP does not prevent further administrative action
3. The accused was offered an opportunity to demand trial by court-martial
4. All of the above
4. All of the above
At mast, the CO's determination of the accused's guilt is based on which of the following evidentiary foundations

1. Preponderance of the evidence
2. Probable circumstances
3. Credible evidence
4. Findings of fact
1. Preponderance of evidence
Which of the following statements is correct regarding the presence of personal representative and witnesses at an NJP hearing

1. Civilians may be subpoenaed to attend
2. Witnesses from another command may be ordered to attend at their own expense
3. The command holding the hearing must provide a personal represntative
4. A civilian lawyer may represent the accused
2. Witnesses from another command may be ordered to attend at their expense
The results of NJP should be published not later than how long after imposition of punishment

1. 1 wk
2. 2 wk
3. 1 mo
4. 2 mo
3. 1 mo
Which of the following actions may be taken by a commanding officer at mast

1. Refer the case to an Article 32 pretrial investigation
2. Dimiss the case with a warning
3. Postpone the action pending further investigation
4. Each of the above
Each of the above
The NJP power of an OIC is ommited to that of CO's in which of the following paygrade ranges

1. W1 to 02
2. 01 to 02 only
3. 02 to 03 only
4. 01 to 03
4. 01 to 03
An OIC may award an E-3 which of the following NJP punishments

1. Correctional custody for 14 days
2. Correctional custody for 7 days
3. Restriction for 15 days
4. Forfeiture of one-half of 1 month's pay for 1 month
2. Correctional custody for 7 days
A total of how many specific types of punishment may be awarded at mast

1. Five
2. Six
3. Seven
4. Eight
4. Eight
Procedures for issuing punitive letters may be found in which of the following publications

1. MCM
2. UCMJ
3. JAGMAN
4. MILPERSMAN
3. JAGMAN
An officer placed on arrest or restriction will not be confined to quarters except under which of the following conditions

1. The officer is stationed on board a ship
2. The officer has been relieved of all duties
3. The safety or the discipline of the ship requires it
4. The officer is in paygrade 03 or below
3. The safety or the discipline of the ship requires it
Of the following statements which one is correct concerning extra duty

1. Guard duty may not be assigned as extra duty
2. Extra duty must be performed during normal working hours
3. Any type of duty may be assigned
4. Extra duty should not be performed on holidays
1. Guard duty may not be assigned as extra duty
Confinement on bread and water may be deferred for a maximum of how many days

1. 7
2. 15
3. 30
4. 180
2. 15
A member submits an NJP appeal and requests that punishment involving restraint be stayed pending action on the appeal. If no action is taken on the appeal, how many days after the appeal was submitted will the stay take effect

1. 5
2. 7
3. 3
4. 15
1. 5
Which of the following combinations of NJP punishment is acceptable

1. Arrest in quarters and 10 days restriction
2. Confinement on bread and water and 15 days extra
3. Reduction in rate to E-2 and forfeiture of one-half of 1 month's pay per month for 2 months
4. Correctional custody adn 10 days extra duty
3. Reuction in rate to E-2 and forfeiture of one-half of 1 month's pay per month for 2 months
A CO who desires to set aside an NJP punishment should do so within what maximum number of months

1. 1
2. 6
3. 3
4. 4
4. 4
A letter of notification setting aside an NJP should be signed by the CO and addressed to what command

1. CNO
2. NCIS
3. TYCOM
4. NAVPERS
4. NAVPERS
A member serving an NJP punishment reaches his or her EAOS. What happens to the unexecuted punishment

1. Remission
2. Mitigation
3. Suspension
4. Vindication
1. Remission
The punishment of reduction in rate to E-2 may be mitigated to what punishment

1. Restriction
2. Forfeiture of pay
3. Correctional custody
4. Confinement on bread and water
2. Forfeiture of pay
What term indentifies an action to withhold punishment for a time pending the good behavior of an accused

1. Remission
2. Mitigation
3. Suspension
4. Vindication
3. Suspension
Which of the following reasons may an accused properly use for an NJP appeal

1. More than one punishment was awarded
2. The punishment was unjust or disproportionate
3. The accused was not represented by a lawyer
4. The accused was damaged financially
2. The punishment was unjust and disproportionate
To what official should an accused's NJP appeal letter be addressed

1. Legal officer
2. Area commander
3. Area coordinator
4. Staff judge advocate
3. Area coordinator
An accused submits a letter of appeal and the CO takes corrective action based on the circumstances. After corrective action is taken to whom should the appeal letter be forwarded

1. The accused
2. The reviewer
3. The legal officer
4. The division officer
1. The reviewer
The last endorsement to an appeal package is addressed to what official

1. Legal officer
2. CO of the accused
3. Personnel officer
4. Officer exercising general court-martial jurisdiction
CO of the accused
An enlisted service member has been given an oral reprimand at mast. In addition to a service record entry, should the reprimand be documented elsewhere, If so, where

1. Yes, notated on the report chit
2. Yes, by letter to the division officer
3. Yes, by letter to the legal officer
4. No
4. No
If your command does not have the facilities to impose restriction, what action should your command take

1. Defer the punishment until facilities are in place
2. Mitigate the punishment
3. Suspend the punishment
4. Send the accused to the nearest command with the appropriate facilities
4. Send the accused to the nearest command with the appropriate facilities