Military Justice

80 Questions | Total Attempts: 24

SettingsSettingsSettings
Please wait...
Justice Quizzes & Trivia

MJ


Questions and Answers
  • 1. 
    SSgt Smith commits a simple assault consumated by a battery in violation of Article 128 of the UCMJ.  If tried by a general court-martial the maximum punishment would be a bad conduct discharge, forfeiture of all pay and allowances, and confinement for six months.  Why would you advsie a trainee to recommend NJP for this offense?
    • A. 

      Because it is a minor offense, and no weapon was used.

    • B. 

      Because it was a minor offense, and does not result in a dishonorable discharge or confinement for more than 1 year.

  • 2. 
    A commander (CC) has a member who has committed an offense in violation of the UCMJ.  The commander does not want to impose nonjudicial punishment (NJP), but dispose of the case with a letter of reprimand.  The SJA believes the case should be disposed of with NJP.  The SJA cannot force the CC to impose NJP because responsibility for the final decision on type and amount of punishment, if any, rests exclusively with the
    • A. 

      CC

    • B. 

      Wing CC

  • 3. 
    SSgt Smith commits an offense in violation of the UCMJ while deployed with Joint Forces.  The Joint Forces commander (CC) imposes nonjudicial punishment (NJP).  Which of the following offices must process the action?
    • A. 

      Servicing Air Force SJA for the host command.

    • B. 

      Servicing Joint Forces Staff Judge Advocate (SJA) for the host command.

  • 4. 
    SSgt Smith commits a simple assault consummated by a battery in violation of Article 128 of the UCMJ on 20 February 2010.  Nonjudicial Punishment (NJP) cannot be imposed after 19 February 2012 because
    • A. 

      NJP is supposed to be swift, fair and practicable.

    • B. 

      The statute of limitations will have run out.

  • 5. 
    When you are informed of an alleged offense, what is the first action you must take regarding AMJAMS?
    • A. 

      Open an investigation.

    • B. 

      Open an Article 15.

  • 6. 
    In AMJAMS your first step in adding a pending offense to the pending offense folder is to click
    • A. 

      The Add button at the bottom of the tab.

    • B. 

      The New Offense button at the bottom of the tab.

  • 7. 
    Once you have a pending case in AMJAMS, in order to proceed further your next step is to
    • A. 

      Add the Article 15 folder.

    • B. 

      Dispose of the case.

  • 8. 
    In AMJAMS the final step in disposing of an investigation as an Article 15 is to click the dispose button in the
    • A. 

      Disposition subfolder.

    • B. 

      Investigation subfolder.

  • 9. 
    After it has been determined that there is sufficient evidence to serve nonjudicial punishment (NJP), the initiating CC must seek the Staff Judge Advocate's (SJA's) advice for the punishment because the SJA must
    • A. 

      Ensure the member's rights are protected.

    • B. 

      Ensure the CC has the authority to impose the type and amount of punishment the CC wants to impose.

  • 10. 
    A member has demanded trial by court-martial in lieu of accepting the nonjudicial punishment (NJP) forum.  After the charges are referred the member decides to withdraw the demand for court-martial.  The commander (CC) cannot grant the request because once charges are referred,
    • A. 

      The general court-martial convening authority (GCMCA) is the only person who may grant the request.

    • B. 

      The convening authority (CA) is the only person who may grant the request.

  • 11. 
    When a commander (CC) imposes nonjudicial punishment (NJP), the staff judge advocate (SJA) must help the CC evaluate the facts, understand the punishment options, and determine a just punishment because the
    • A. 

      CC has a fundamental responsibility to take temperate, well-conceived action that is just and conducive to good order, moral and discipline.

    • B. 

      CC has a fundamental responsibility to take swift action that is conducive to good order, morale and discipline.

  • 12. 
    SSgt Smith received nonjudicial punishment (NJP) and elected to appeal the punishment.  SSgt Smith's commander (CC) granted the appeal in part, and the action was sent to the next superior authority for decision.  The next superior authority's options are to grant the appeal in full or in part,
    • A. 

      Deny the appeal; find no offenses were committed; find NJP was not appropriate, or the punishment imposed was disproportionate to the offenses listed; suspend, mitigate, remit, or set aside punishment.

    • B. 

      Or deny the appeal.

  • 13. 
    SSgt Smith received nonjudicial punishment (NJP).  Two months later it is determined that the punishment imposed was illegal.  What supplementary action would you prepare for this situation?
    • A. 

      Remission.

    • B. 

      Set aside.

  • 14. 
    The first step in determining jurisdiction is to determine
    • A. 

      If the offense committed is in violation of the UCMJ.

    • B. 

      The status of the accused.

  • 15. 
    Prior to arraignment at trial, a reservist to be tried by a general or special court-martial must be
    • A. 

      On active duty.

    • B. 

      Serving annual training.

  • 16. 
    Which of the following indicates an Article of the UCMJ that can be punished by courts-martial?
    • A. 

      Article 121.

    • B. 

      Article 32.

  • 17. 
    If your evidence does not meet the elements of the Article, or is not received legally, then it
    • A. 

      Is considered hearsay.

    • B. 

      Will not be allowed to be used.

  • 18. 
    If evidence will be removed from a scene, then
    • A. 

      Photograph it before removing it.

    • B. 

      Tag it with an evidence tag.

  • 19. 
    If the defense intends to offer the defense of alibi, then
    • A. 

      The prosecution must request it.

    • B. 

      It is mandatory disclosure.

  • 20. 
    What must be present if a person subject to the UCMJ is to be apprehended for an offense triable by court-martial?
    • A. 

      Probable cause.

    • B. 

      Jurisdiction over the person.

  • 21. 
    An apprehended person can be placed in
    • A. 

      Correctional custody.

    • B. 

      Pretrial restraint.

  • 22. 
    Which of the following identifies a member that has conditions put on her/his liberty?
    • A. 

      The commander (CC) has ordered the member to do or refrain from doing specified acts.

    • B. 

      Member has been restricted to a specific area.

  • 23. 
    Which of the following indicates that a member has been in pretrial confinement (PTC) for 48 hours?
    • A. 

      Charges must be preferred on the member.

    • B. 

      A probable cause determination must be made.

  • 24. 
    Which of the following indicates that a member has been in pretrial confinement (PTC) for 7 days?
    • A. 

      A PTC Reviewing Officer (PCRO) must conduct a review and decide either to continue PTC or release the member.

    • B. 

      A probable cause determination must be made.

  • 25. 
    After suspected offenses are investigated, who assists the commander (CC) in evaluating the facts?
    • A. 

      Staff Judge Advocate (SJA)

    • B. 

      First Sergeant.

  • 26. 
    Which of the following indicates that a permission to proceed request has been granted?
    • A. 

      Charges have been preferred on the case.

    • B. 

      Charges have been referred on the case.

  • 27. 
    After an administrative hold memorandum is signed, what agency needs to have a copy?
    • A. 

      Financial Services Office (FSO)

    • B. 

      Military Personnel Flight (MPF)

  • 28. 
    Which of the following sets forth the specific facts and circumstances relied upon as constituting the violation of the UCMJ?
    • A. 

      Charge.

    • B. 

      Specification.

  • 29. 
    Which of the following triggers the ability to print a charge sheet in AMJAMS?
    • A. 

      Disposing of the case.

    • B. 

      Setting the preferral date.

  • 30. 
    Which of the following indicates that charges have been served on the accused for trial by GCM and the trial may start?
    • A. 

      5 days have passed since service on the accused.

    • B. 

      3 days have passed since service on the accused.

  • 31. 
    What is the next step after the Article 32, UCMJ, investigation is completed?
    • A. 

      The investigating officer (IO) refers the charges to a general court-martial (GCM).

    • B. 

      The IO makes recommendations back to the officer who ordered the investigation.

  • 32. 
    What is the last step of the Article 32, UCMJ, investigation?
    • A. 

      The staff judge advocate (SJA) prepares the pretrial advice to the convening authority (CA).

    • B. 

      The CA refers the charges to a GCM.

  • 33. 
    Who has overall responsibility for managing the docketing of courts-martial worldwide?
    • A. 

      Central Docketing Office

    • B. 

      Chief Trial Judge of the Air Force.

  • 34. 
    Who sets the presumptive trial date?
    • A. 

      The Chief Trial Judge of the Air Force

    • B. 

      The Clerk of Trial Courts.

  • 35. 
    A written request for trial by military judge (MJ) alone is submitted
    • A. 

      On a DD Form 1722

    • B. 

      On the Charge Sheet

  • 36. 
    What is your first step if you need to make changes to members in a convening order?
    • A. 

      Accomplish an amendment order to the original convening order.

    • B. 

      Do a pen and ink change, initialed by the staff judge advocate (SJA).

  • 37. 
    The first step in the defense acquiring a witness for a court-martial is for the defense counsel to
    • A. 

      Submit a written request to the convening authority

    • B. 

      Submit a written request to the trial counsel

  • 38. 
    If the convening authority (CA) denies an expert witness request, the request may be renewed before the
    • A. 

      Military judge.

    • B. 

      General court-martial convening authority (GCMCA)

  • 39. 
    Your first step when funding witness and travel fees is to determine
    • A. 

      Whether the witness is for the prosecution or defense.

    • B. 

      Who will provide the funding.

  • 40. 
    The second step in funding witness and travel fees is to determine
    • A. 

      Who will provide the funding.

    • B. 

      The status of the witness.

  • 41. 
    When you have a civilian witness who is willing to testify and your office is funding the travel, your next step in witness funding is to prepare the
    • A. 

      Subpoena and have it served on the witness by the U.S. Marshals

    • B. 

      Subpoena and DD Form 453-1.

  • 42. 
    After a civilian who was not an expert witness has testified and returned home under your funding, the next step in witness funding is
    • A. 

      Completing a DD Form 1351-2

    • B. 

      Completing a DD Form 1610

  • 43. 
    Your first step when requesting central witness funding is to request a witness via the Witness Funding Management System (WFMS) at least
    • A. 

      10 calendar days before the witness is required to report.

    • B. 

      7 calendar days before the witness is required to report.

  • 44. 
    When funding Air National Guard (ANG) witnesses through Central Witness Funding (CWF), what must you provide to the Military Justice Division (JAJM) before funding will be provided?
    • A. 

      A copy of their Title 32 orders.

    • B. 

      A copy of their Title 10 orders.

  • 45. 
    After payment of expert witness fees is made, who does the Military Justice Division (JAJM) notify of the payment amount and the date payment is expected to be deposited?
    • A. 

      The case paralegal.

    • B. 

      The trial counsel.

  • 46. 
    What happens after the member submits a request for discharge?
    • A. 

      The special court-martial convening authority (SPCMCA) forwards the request with its recommendation to the general court-martial convening authority (GCMCA).

    • B. 

      The unit commander submits the request with a recommendation to the GCMCA through the servicing SJA.

  • 47. 
    When an officer submits a request to resign for the good of the service, who can authorize the court-martial to proceed before the resignation decision is received?
    • A. 

      The general court-martial convening authority (GCMCA)

    • B. 

      The Military Justice Division (JAJM).

  • 48. 
    A convening authority (CA) may withdraw from a pretrial agreement (PTA) any time prior to the
    • A. 

      Arraignment.

    • B. 

      Findings.

  • 49. 
    Who does the bailiff report to 30 minutes before the trial begins on the first day?
    • A. 

      The military judge.

    • B. 

      The Trial counsel.

  • 50. 
    Who must the bailiff inform before delivering any item or message to a court member in closed session?
    • A. 

      The Military Judge.

    • B. 

      The Trial Counsel.

  • 51. 
    If a member accepts trial by summary court-martial, the maximum confinement that can be imposed is
    • A. 

      60 days

    • B. 

      30 days

  • 52. 
    If found guilty in a general court-martial, the most severe discharge that can be adjudged on an enlisted member is
    • A. 

      A dishonorable discharge.

    • B. 

      A bad conduct discharge.

  • 53. 
    Which UCMJ Article provides that a court-martial or miliary commission may punish for contempt?
    • A. 

      Article 38

    • B. 

      Article 48

  • 54. 
    What is the maximum punishment a person may receive in a contempt hearing?
    • A. 

      Confinement for 15 days, a fine for $50 or both

    • B. 

      Confinement for 30 days, a fine for $100 or both

  • 55. 
    What does an in camera proceeding resolve?
    • A. 

      The extent of disclosure of classified information to the defense.

    • B. 

      Only the issues the higher court addressed.

  • 56. 
    What event begins a court-martial?
    • A. 

      Article 39(a) session.

    • B. 

      Care inquiry.

  • 57. 
    In a guilty plea court-martial, what happens after the arraignment?
    • A. 

      Voir dire.

    • B. 

      Care inquiry.

  • 58. 
    Which of the following happens first in closing arguments?
    • A. 

      The prosecution gives its closing arguments.

    • B. 

      The defense gives its closing arguments.

  • 59. 
    Which of the following acts includes provisions that encourage employers to continue to pay victims and witnesses for work absences in order to assist investigations and prosecutions?
    • A. 

      Victim of Crimes Act of 1984.

    • B. 

      Victim and Witness Protection Act of 1982.

  • 60. 
    Which of the following acts permits, under certain limited circumstances, the compensation of crime victims with money obtained from criminal fines, penalties, court costs or other assessments against convicted federal criminals?
    • A. 

      Victim of Crimes Act of 1984.

    • B. 

      Victims Rights and Restitution Act of 1990.

  • 61. 
    If an accused is sentenced to confinement, he or she can submit an application for deferment of confinement any time after
    • A. 

      Being placed in confinement.

    • B. 

      The adjournment of the court that imposed the sentence.

  • 62. 
    If an accused is convicted of an offense that triggers the mandatory DNA collection requirement, on the AF Form 1359, use the language "DNA Processing Required"
    • A. 

      In the sentence block.

    • B. 

      In the distribution block.

  • 63. 
    If a court-martial sentence includes confinement in excess of 6 months, then the record of trial (ROT) must be
    • A. 

      Summarized.

    • B. 

      Verbatim.

  • 64. 
    If you have more than one volume in the record of trial (ROT), then the first volume should be no more than
    • A. 

      1 1/4 inch thick.

    • B. 

      1 inch thick.

  • 65. 
    If a court-martial resulted in confinement for 2 years, the report of trial (ROT) is sent to the
    • A. 

      Military judge (MJ) for authentication.

    • B. 

      Defense counsel for authentication.

  • 66. 
    If an accused cannot be served with his/her copy
    • A. 

      Serves the accused's copy on the accused's defense counsel

    • B. 

      Completes a certificate of non-service and inserts it into the ROT

  • 67. 
    A Staff Judge Advocate (SJA) Recommendation is required before the convening authority (CA) can take action on
    • A. 

      A SPCM with 9 months confinement

    • B. 

      A GCM with 3 months confinement

  • 68. 
    For general and special court cases, how long does the accused and defense counsel have for noting errors or omissions in the staff judge advocate recommendation (SJAR)?
    • A. 

      3 days to respond.

    • B. 

      10 days to respond.

  • 69. 
    Information must be included in the addendum to the SJAR that advises the convening authority (CA)
    • A. 

      That all written matters submitted by the defense must be considered.

    • B. 

      On the findings and sentence adjudged by the court-martial.

  • 70. 
    If an accused waives appellate review, a sentence of a dishonorable discharge or bad conduct discharge may be executed at the
    • A. 

      Special court-martial convening authority (SPCMCA)

    • B. 

      General court-martial convening authority (GCMCA)

  • 71. 
    If you have a SPCM with an adjudged sentence including 9 months confinement, the mandatory forfeiture is
    • A. 

      Two-thirds of all pay due the member

    • B. 

      One-half of all pay due the member

  • 72. 
    If charges and specifications were renumbered at trial, then you must include them in the
    • A. 

      Convening authority's action

    • B. 

      Court-martial order (CMO)

  • 73. 
    If you need to correct errors in the heading or close of a court-martial order (CMO), you must
    • A. 

      Publish a corrected copy.

    • B. 

      Rescind the CMO.

  • 74. 
    When composing a CMO that includes the name of a child 16 years and under, then you replace the name with
    • A. 

      Asterisks in unexpurgated copies.

    • B. 

      Initials in unexpurgated and expurgated copies.

  • 75. 
    When vacating a suspended sentence, what must happen before the expiration of the suspension time period?
    • A. 

      Probable cause must be present.

    • B. 

      The supplemental order vacating the suspension must be issued.

  • 76. 
    What must happen before vacation of a suspended sentence in a non-bad conduct discharge (BCD) special court-martial (SPCM) can be completed?
    • A. 

      The SPCMCA must cause a hearing to be held on the alleged violation of the suspension.

    • B. 

      The GCMCA must cause a hearing to be held on the alleged violation of the suspension.

  • 77. 
    If a ROT in a GCM is not reviewed under Article 66 and the accused does not waive or withdraw the right to appellate review under Article 61, then it is reviewed under
    • A. 

      Article 69

    • B. 

      Article 67

  • 78. 
    If the Air Force Court of Criminal Appeals (AFCCA) has ordered a rehearing and the convening authority (CA) finds a rehearing impracticable, then the CA may
    • A. 

      Re-prefer the charges.

    • B. 

      Dismiss the charges.

  • 79. 
    If a judge is appointed to the United States Court of Appeals for the Armed Forces (CAAF), the term of appointment is for
    • A. 

      15 years

    • B. 

      10 years

  • 80. 
    What AMJAMS report provides the number and percent of nonjudicial punishment (NJP) cases meeting The Judge Advcoate General (TJAG) Corp's current metrics?
    • A. 

      Report 201, Military Justice Statistics

    • B. 

      Report 271, Average Processing Times - Article 15