Military Justice PCC (WFMS) Questions
correctly answered to pass
Describe rules for determining military justice jurisdiction over ANG and Reserve Personnel - correct
answer ✔✔- Air Force Reserve members and ANG performing are subject to UCMJ jurisdiction only for
offenses committed while on Title 10 orders. ANG, when on Title 32, are subject to state law.
Explain the authority to recall reserve personnel to active duty for court-martial - correct answer ✔✔-
GCMCA can recall reservist guard members back to active duty for legal action or (AFRC, 4 AF/CC, 10
AF/CC, or 22 AF/CC)
Explain the rights afforded a military member under Article 31, Uniform Code of Military Justice (UCMJ) -
correct answer ✔✔Protects against Self-Incrimination
No interrogation before first advising member of specific rights
Must inform suspect of nature of offense(s) before questioning
Statements made may be used as evidence
Penalty to government for violation of Article 31 rights
- Right to counsel
- Anything they say may be used against them
Restate the precedent and authority for the right to counsel for a military member suspected of
committing an offense - correct answer ✔✔- 6th Amendment- rights of counsels is triggered by the
initiation of adversial judicial proceedings against the accused. (when charges or prosecution proceeding
has begun)
,(US v. Duga) established a two part test
- Official capacity v. personal motivation
1. Official Capacity
-Law Enforcement
-Disciplinary capacity
-Position of Authority
-Civilian/foreign law enforcement officer
- 5th Amendment - arises in a custodial setting
(Miranda v. Arizona)
Custodial Setting:
- Unequivocal - "I WANT an attorney" - has to stop questioning
- Equivocal - "I MIGHT WANT an attorney" or "DO I WANT an attorney?" - Don't have to stop questioning
Restate general principles regarding confessions and admissions - correct answer ✔✔*Confession*
-Acknowledgement of guilt
*Admission*
-Self-incriminating statement falling short of acknowledgement of guilt (Can use their statement)
Involuntary statements are inadmissible in evidence if obtained in violation of the self-incrimination
privilege
Explain procedural requirements for administering Article 31, UCMJ rights - correct answer ✔✔- Before
interrogation
,- Suspect stops talking and further questioning is desired
- Someone in official capacity
U.S. v. Jones - CAAF overturned Duga's second prong: the person being questioned proceed or inquire
more than a casual conversation. ( ..talks about official capacity)
U.S. v. Duga - established a two part test
- Official capacity v. personal motivation
Official Capacity:
- Law enforcement, someone in disciplinary capacity, position of authority over the accused, person sbj
to UCMJ
(BX detectives, Medical (healthcare providers) and Chaplains do not have to read Article 31 rights)
Describe the definition and scope of military apprehension - correct answer ✔✔- definition: taking of
person into custody
- Reasonable grounds exist to believe crime has been committed/is being committed and the person
committed/is committing it
- Applies to individuals authorized to apprehend under RCM 302(b) with respect to UCMJ offenses
- Military law enforcement
- Commissioned, warrant, petty, and noncommissioned officers
- Civilians authorized to apprehend deserters
, Differentiate between arrest and apprehension - correct answer ✔✔*Arrest* - asked to stay within the
confines of a certain area
*Apprehension* - Is physical restraint and in the custody of authorities (Like regular civilian arrest)
Restate the types of restraint and their individual limitations - correct answer ✔✔Acronym: *CRAP*
*Conditions on Liberty* - Order to do/not to do something (i.e. no contact order)
*Restriction in Lieu of Arrest* - Restriction to remain within an area, can still perform duties
*Arrest* - Restriction to remain within an area but not perform duties
*Pretrial confinement* - Physical restraint (depriving a person of freedom, pending disposition of
offenses), starts the speedy trial clock
Explain processing requirements for an Article 32 Preliminary Hearing - correct answer ✔✔- Prior to
referral to establish probably cause
- SPCMCA appoints Article 32 PHO (impartial JA that is certified under Art 27(b) in writing who's higher
ranking over both the DC and ACC
- Legal Advisor (MJ) , Recorder (TC), and Respondent's counsel (DC)
- Witnesses don't have to testify - could be a written statement
- after closing parties have 24 hrs to submit any evidence relevant to the CA disposition of the charges
and/or specification
- PHO Article 32 report with facts (DD Form 457 - PHO Report) to the SPCMCA. SPCMCA forwards Article
32 report to GCMCA for disposition
- if they find uncharged misconduct, can investigate
- ACC have the right to waive the 32 entirely, but they cannot waive right to counsel. They don't have to
testify. Right to make a sworn or unsworn statement. right to be advised of the charges being
investigated. Right to be present during the intake of evidence. Right to cross examine witnesses.
correctly answered to pass
Describe rules for determining military justice jurisdiction over ANG and Reserve Personnel - correct
answer ✔✔- Air Force Reserve members and ANG performing are subject to UCMJ jurisdiction only for
offenses committed while on Title 10 orders. ANG, when on Title 32, are subject to state law.
Explain the authority to recall reserve personnel to active duty for court-martial - correct answer ✔✔-
GCMCA can recall reservist guard members back to active duty for legal action or (AFRC, 4 AF/CC, 10
AF/CC, or 22 AF/CC)
Explain the rights afforded a military member under Article 31, Uniform Code of Military Justice (UCMJ) -
correct answer ✔✔Protects against Self-Incrimination
No interrogation before first advising member of specific rights
Must inform suspect of nature of offense(s) before questioning
Statements made may be used as evidence
Penalty to government for violation of Article 31 rights
- Right to counsel
- Anything they say may be used against them
Restate the precedent and authority for the right to counsel for a military member suspected of
committing an offense - correct answer ✔✔- 6th Amendment- rights of counsels is triggered by the
initiation of adversial judicial proceedings against the accused. (when charges or prosecution proceeding
has begun)
,(US v. Duga) established a two part test
- Official capacity v. personal motivation
1. Official Capacity
-Law Enforcement
-Disciplinary capacity
-Position of Authority
-Civilian/foreign law enforcement officer
- 5th Amendment - arises in a custodial setting
(Miranda v. Arizona)
Custodial Setting:
- Unequivocal - "I WANT an attorney" - has to stop questioning
- Equivocal - "I MIGHT WANT an attorney" or "DO I WANT an attorney?" - Don't have to stop questioning
Restate general principles regarding confessions and admissions - correct answer ✔✔*Confession*
-Acknowledgement of guilt
*Admission*
-Self-incriminating statement falling short of acknowledgement of guilt (Can use their statement)
Involuntary statements are inadmissible in evidence if obtained in violation of the self-incrimination
privilege
Explain procedural requirements for administering Article 31, UCMJ rights - correct answer ✔✔- Before
interrogation
,- Suspect stops talking and further questioning is desired
- Someone in official capacity
U.S. v. Jones - CAAF overturned Duga's second prong: the person being questioned proceed or inquire
more than a casual conversation. ( ..talks about official capacity)
U.S. v. Duga - established a two part test
- Official capacity v. personal motivation
Official Capacity:
- Law enforcement, someone in disciplinary capacity, position of authority over the accused, person sbj
to UCMJ
(BX detectives, Medical (healthcare providers) and Chaplains do not have to read Article 31 rights)
Describe the definition and scope of military apprehension - correct answer ✔✔- definition: taking of
person into custody
- Reasonable grounds exist to believe crime has been committed/is being committed and the person
committed/is committing it
- Applies to individuals authorized to apprehend under RCM 302(b) with respect to UCMJ offenses
- Military law enforcement
- Commissioned, warrant, petty, and noncommissioned officers
- Civilians authorized to apprehend deserters
, Differentiate between arrest and apprehension - correct answer ✔✔*Arrest* - asked to stay within the
confines of a certain area
*Apprehension* - Is physical restraint and in the custody of authorities (Like regular civilian arrest)
Restate the types of restraint and their individual limitations - correct answer ✔✔Acronym: *CRAP*
*Conditions on Liberty* - Order to do/not to do something (i.e. no contact order)
*Restriction in Lieu of Arrest* - Restriction to remain within an area, can still perform duties
*Arrest* - Restriction to remain within an area but not perform duties
*Pretrial confinement* - Physical restraint (depriving a person of freedom, pending disposition of
offenses), starts the speedy trial clock
Explain processing requirements for an Article 32 Preliminary Hearing - correct answer ✔✔- Prior to
referral to establish probably cause
- SPCMCA appoints Article 32 PHO (impartial JA that is certified under Art 27(b) in writing who's higher
ranking over both the DC and ACC
- Legal Advisor (MJ) , Recorder (TC), and Respondent's counsel (DC)
- Witnesses don't have to testify - could be a written statement
- after closing parties have 24 hrs to submit any evidence relevant to the CA disposition of the charges
and/or specification
- PHO Article 32 report with facts (DD Form 457 - PHO Report) to the SPCMCA. SPCMCA forwards Article
32 report to GCMCA for disposition
- if they find uncharged misconduct, can investigate
- ACC have the right to waive the 32 entirely, but they cannot waive right to counsel. They don't have to
testify. Right to make a sworn or unsworn statement. right to be advised of the charges being
investigated. Right to be present during the intake of evidence. Right to cross examine witnesses.
