MA A school; Block 5 Test 1 – Flashcards
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Sources of military law
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US Constituoon, International Law, & Federal Statutes
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UCMJ
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Provides for discipline in Armed Forces & Coast Guard
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Who prescribes the manual for courts martial
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The president
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Executive order
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12473
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Manual for courts martial is revised annually & published
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Every 2 years
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Structure of MCM
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Preamble, rules for courts martial, military rules of evidence, punitive articles, & non judicial punishment
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Punitive articles
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77-134
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How many parts to MCM
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5
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How many appendices
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26
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Summary Court Martial
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Lowest level of court Minor offenses One officer, 0-3 above Only enlisted
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Special Court Martial
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Judge 3 member minimum Non capital offenses
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General Court Martial
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Judge 5 member minimum Do capital & noncapital
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Article 32
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Pretrial investigation
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Who can report offenses
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Anyone
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Article 39A
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Preliminary hearing
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134 contains how many categories
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52
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Act
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Specific, physical act
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Intent
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Mental elements of state of mind
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General
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Not necessary to prove the accused intended precise harm or result which occured
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Specific
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Necessary to prove that the accused not only committed act, but possessed intent required by statute
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Types of parties
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Principles and perpetrator
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Article 77
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Principles
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Article 78
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Accessory after the fact
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Article 85
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Desertion
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Article 86
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Absence without leave
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Article 87
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Missing movement
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Article 121
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Larceny/wrongful appropriation
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Article 134
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General article
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Jurisdiction extends to
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Person, place and offense
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Article 2
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Person
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Article 5
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Place
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Article 1 section 8
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Congress
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Article 2 section 2
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President
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Federal statutes
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Laws made by federal govt
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International law
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Customs, written agreements between nations, etc
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Exclusive
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Only federal govt has the power to make and enforce the laws of the land in question
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Concurrent
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Federal and state govt gave the authority to make and enforce general municiple laws of the land in question
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Proprietary
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Federal govt have a degree of ownership of a piece of property but has no legislative authority. Civilian police would respond
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Reciprocal
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Exercise of jurisdiction by 1 branch of service over a person of another branch of service. Usually only occurs shen the accused cant be delivered to their branch
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Martial law: Qualified
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Military exercises only police power
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Martial law: Absolute
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Military authority completely replaces civilian govt
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Martial lw
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Military jurisdiction over the civilian population in a time of emergency
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Federal assimilative- crimes act
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Created to avoud the task of maintaining a complete code of civilian criminal laws
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Posse Comitatus Act
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DoD directive 5525.5 & SECNAVINST 5820.7A
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DoD directive 5525.5 & SECNAVINST 5820.7A
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Restricts military personnel from being used to enforce civilian laws
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Authority that military police are able to enforce civilian laws
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US Constitution, Congress, and president
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Defense authorization act of 1982
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Allows for providing info, equipment & facilities to aid civilian law enforcement in specific areas
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4th amendment
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Protection for citizens against unreasonable searches and seizures
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Search
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Quest for evidence
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Seizure
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Taking possession of some item of evidence in connection with investigation
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Reasonable search
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Must be conducted in places where the objects could reasonably be hidden
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Probable cause to searxh
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The facts and circumstances leads a person to believe a crime has, or will be committed
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Reasonable suspicion
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Knowledge suffiicent to induce a person under circumstances to believe criminal activity is at hand
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Terry v. Ohio
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Reasonable suspicion
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Scope of search
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Person, place and items searched
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Exclusionary rule
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Violating the 4th amendment rights of someone, evidence cant be used
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Types of searches
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Command authorized Consent(permissive search) Search incident to apprehension Plain view Exigency Emergency Protective sweep
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Command authorized
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CO grants ahthority for search
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OPNAV 5580/10
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CO is briefed with probable cause affidavit for searxh and seizure
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OPNAV 5580/9
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Issued by CO
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Consent (permissive search)
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Reasonable suspicion
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5580/16
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Consent of accused
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Search incident to apprehension
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Search of suspect and immediate area
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Who doesn't have to do vehicle inspections
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NCIS
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Escobedo vs. Illinois
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Refusal to allow accused to consult with his lawyer
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Miranda vs. arizona
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Evidence can't be used if you don't inform suspect the right to counsel and the right against self-incrimination during police investigation
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Purposes of constitutional protection
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Protect constitution rights of accused, Allow admission of evidence, & protect police/ govt
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5th amendment
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Involuntary self-incrimination
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6th amendment
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Right to legal counsel
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Article 31 is the same as
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5th amendment
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Article 31
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Compelling a person to make statements or produce evidence not related to an issue
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When NOT to advise rights
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Too intoxicated
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OPNAV/5580/3
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Military
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OPNAV/5580/4
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Civilian
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Apprehension
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Taking a person into custody
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Custody
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Restraint imposed by apprehension
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Physical restraint
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Binding, shackling
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Reasonable grounds
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To believe an offense has/being committed by identified person
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Article 7b
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Gives authorization to apprehend persons subject to the UCMJ
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Rules 302(b)(1)
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Lists who is authorized to make apprehension
