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NL400 (Law for the Junior Officer) Final Exam Questions And Accurate Answers
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NL400 (Law for the Junior Officer) Final Exam Questions And Accurate Answers Who can convene a Court-Martial? - Answer -Summary Courts-Martial (SCM): UCMJ Art. 24 All Commanding Officers -Special Courts-Martial (SPCM): UCMJ Art. 23 Battalion & Squadron Commanding Officers (O-5 and above) Any unit or activity in the Navy with an O-4 or above in charge Designated Navy and USMC commanders -General Courts-Martial (GCM): UCMJ Art. 22 All flag officers or immediate temporary successors in command of Navy or Marine Units A limited number of O-6's Designated commanders What are the 3 court-martial components? - Answer 1. Military crime 2. Military accused 3. Convening authority Who decides whether to charge a crime? - Answer Convening authori ty List what you know about Special Court-Martial - Answer -Member cannot refu se -Right to be represented by an attorney ->Appointed military counsel ->Civilian counsel ->Individual Military Counsel -Right to trial by MEMBERS (Jury) -At least three (3) members for SPCM ->Enlisted Accused may request 1/3 of the members be enlisted. Must be senior to the Accused and from a different command. -Right to call witnesses, cross-examine witnesses and present evidence -Military Judge (MJ) will preside -A guilty finding at SPCM = a FEDERAL CONVICTION!!! List what you know about General Court-Martial - Answer -Member cannot refuse -Art. 32: Pretrial Investigation REQUIRED unless waived by the accused -Right to be represented by an attorney ->Appointed military counsel ->Civilian counsel ->Individual Military Counsel -Right to trial by MEMBERS (Jury) -At least five (5) members for GCM ->Enlisted Accused may request 1/3 of the members be enlisted. Must be senior to the Accused and from a different command. -Right to call witnesses, cross-examine witnesses and present evidence -Military Judge (MJ) will preside -A guilty finding at GCM = a FEDERAL CONVICTION!!! Differences between SPCM and GCM - Answer SPCM: -Convened by Batt & Squadron CO's, O-4 or above in charge -Trial by three (3) members GCM: -Convened by Flag Officers and a few O-6's -Art. 32: Pretrial investigation -Trial by three (5) members UCMJ Article 37 - Answer Unlawful Command Influence, coercing or influence the action of a court-martial. Basically corrupting the court-martial v ia their position of power. Important elements of UA - Answer 1. Absent from Unit: -Absent w/out authority -Ended by surrender or apprehension 2. Failure to go or going from: -Knew time and place of appointed duty -Failed to go or come from How is desertion different that UA? - Answer Intent to remain away permanently (at any point in the time of absence) Aggravating factors: -During time of war -To avoid hazardous duty or important service -Terminated by apprehension Missing Movement important elements - Answer Accused must have had actua l knowledge of the movement and still missed it!! Important Elements: -Accused was required to move with his unit -The accused knew of the movement -The accused missed the movementThe benefits of buying summaries with Stuvia:
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