Assingment 5

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In most cases, if a dying declaration is to be introduced at a trial for criminal homicide, in what condition must the person be at the time of trial?: Dead
Which is an exception to hearsay testimony?: Res gestae
What is Res gestae?: Involuntary exclamations or acts made at the time the offense was committed.
During trial, evidence is first introduced by?: The prosecution
When may one witness be present in court while another witness testifies?: When the trial counsel and defense counsel agree to the presence of the witnesses.
Objection to a witness on grounds of incompetence is made at what time?: At any time during trial
A Court Martial convened by the Navy can require the appereance of witnesses from which of the following services: All Armed Forces
Whent the witness is stationed near the location where the court convenes, by whom is the witness notified?: Trial Counsel
When a request for the attendance of a military witness is made, what is the minimum allowed time for notice before court convenes.: 24 Hours
A subpoena is normally issued for a civilian witness a minimum of how many hours before the witness must travel from home to comply with the subpoena?: 24 Hours
When may an accused be forced to testify?: Never
When is an accomplice competent to testify?: At all times
When may a trial counsel be required to testify?: When his/her testimony is desired
A child must be 16 years of age in order for his/her testimony to be admissible?: False
When may a husband testify to confidential communications received from his wife?: When the wife has given consent
In cross-examination, what type of evidence many NOT be introduced to attack the credibility of the witness?: Testimony as to the character of the witness
Who decides whether or not a witness is competent to testify?: The trial counsel, the defense counsel, or the judge
The testimony of a witness may be impeached if it is proved that the witness made contradictory statements during the present trial.: True
What is a deposition?: A written declaration under oath or affirmation made by a witness in the presence of the adverse party.
A deposition may be taken by who?: A legal officer, a court officer, a notary public
Depositions are NOT in violation of the hearsay rule for what reasons?: Because the witness is under oath and there is an opportunity for cross-examination
What is different from a affidavit and a deposition?: A affidavit is made without giving the other side an opportunity to ask questions of the declarer.
Explain the examination process of witnesses.: First-direct examination by the party who called the witness.
Second-cross examination by the opposite party
Third-redirect examination
Fourth-re-cross-examination
Leading questions are allowed in court proceedings at which of the following times.: When the witness appears hostile to the party who called him/her.
Are double questions allowed in court?: No
During trial, which type of questions are NOT forbidden.: Degrading question dealing with a minor issue of a trial.
A witness may NOT give his/her opinion regarding what characteristic of person at trial?: Guilt
Are witness allowed to discuss their testimony?: No
Which one should be tried at a summary court martial: Minor offenses
A summary court martial has no civilian equivalent.: True
The power to convene a summary court martial rests with what authority?: Authorized command
An individual tried by a state court may only be retried by a summary court martial with the permission of what authority?: Officer exercising general court martial jurisdiction
What personnel may be tried by a summary court martial.: Petty Officer
If the number of charges exceed the amount of room provided on a charge sheet, what action should be taken?: Place them on a separate sheet of paper as attachment A
The signature of the accuser should appear in what block of the charge sheet?: III
For what reason is an accused informed of the charges?: To provide a reasonable notice of impending prosecution
Once a referral of a summary court martial case has been properly executed, what action should be taken next?: Forward the case file to the summary court martial officer
After referral, are changes allowed on the charge sheet?: Yes; but the changes must be initiated by the summary court martial officer.
What document contains information on a pretrial conference for a summary court martial?: MCM, Appendix IX
May reduction in grade be awarded at a summary court martial for E5 and above. If so, to what maximum number of inferior paygrades?: Yes; one
What document constains a trial guide for a summary court martial?: MCM, Appendix IX
Who is responsable for making sure only legal and competent evidence is presented at a summary court martial?: The court martial officer
If a summary court-martial officer has a question regarding the admissibility of evidence, from what source should assistance be obtained?: Navy legal service office
What are the major steps of a summary court martial?: Arraignment, motions, pleas, presentation of the evidence, findings, and sentence.
At a summary court martial, an accused may change any plea at any time before which event?: Findings are announced
When evidence is presented at a summary court martial, the witnesses for the accussed are called first: False
A special court-martial must have a minimum of how many members?: Three
A special court martial, consisting of three members, counsel, but not military judge may NOT award which of the following punishments?: Confinement for six months
In a special court martial with a military judge, what person is responsible for presiding during deliberations: Senior member
What are the elements needed for a court-martial to properly try a case?: Jurisdiction over the offense, defendant, and proper convening authority
When an enlistee accused requests enlisted members sit on a special court martial, what fraction of the court must consists of enlisted members: One-third
When enlisted members are requested, but cannot be assigned due to extraordinary circumstances, what action must be taken?: The convening authority must forward a detailed explanation to the trial counsel.
The military judge of a special court martial should have which of the following qualifications?: Commisioned officer, a member of the bar of a Federal court, certified by the Judge Advocate General
When charges are officially withdrawn on the charge sheet, who must initial and date the changes?: The convening authority
In what way should a convening authority withdraw a case from one court and refer it to a new court: By executing a new block 14 referral to the charge sheet
While awaiting trial, an accused commits new offenses. How should these additional charges be referred?: By completing a new charge sheet
At a special court martial in times of peace, an accused be brought to trial a minimum of how many days after formal charges have been served?: Three
What means of communication should the trial counsel use to notify the accused?: In person
Which plea is the strongest form of proof known to the law?: Guilty
How many members in a special court martial must agree on finding a guilty verdict.: Three
In court-martial, for what reason are matters in mitigation of an offense introduced?: To lessen the punishment adjudged by the court
In a member's trial, who is responsible for announcing the sentence?: President of the Court
Which type of court martial provides the greatest penalties provided by military law?: General Court Martial
Which type of investigation must be conducted before a general court martial may lawfully occur?: Pretrial
What is the purpose of an Article 32 pretrial investigation?: To formally inquire into the allegations contained in the charge sheet.
What action initiates an Article 32 pretrial investigation?: Written request from the trial counsel.
A military counsel must be qualified under what article of the UCMJ?: Art. 27
What official is responsible for making the initial determination on the availability of military witnesses.: Convening authority
During an Article 32 investigation, a witness is not reasonably available. If the defense objects, what type of statement may the investigating officer consider?: Sworn
The pretrial advice by the CO's staff judge advocate does NOT include which of the following elements?: A recomended punishment for the offense.
A general court martial should be comprised of at least how many members?: Five
The effects of a BCD on the benefits of a veteran depend on which of the following factors?: Type of court martial
The facts of the case
Who administers the benefits
A special court martial may adjudge hard labor without confinement for a maximum of how many months?: Three
What term identifies a lump sum judgement against an accused payable to the United States: Fine
Automatic reduction to paygrade E1 is affected upon what approved punishment.: Confinement in excess of 90 days or 3 months only
The escalator clause permits a punitive discharge to those personnel involved in what type of cases?: Chronic offenders
What is the maximum sentence a special court martial may award?: BCD, confinement for 6 months, a forfeiture of 2/3 pay per month for 6 months, and reduction in rate to E1
Counsel Tactics: An attempt to lead the witness...?: Suggestive
To confuse the witness: Rapid fire questions
To give the impression that the witness is unreliable: Condescending counsel
To force inconsistent answers: Rapid fire questions
To lull the witness into a false sense of security: Friendly counsel
Procedures and directives for MA personnel assigned to duty at courts martial are set forth by...?: Individual commands
When assigned to guard a prisioner in court, where should the MAA be stationed?: In a position to observe the prisioner
If a prisioner is delivered to a court in handcuffs, when may the handcuffs be removed?: During the proceedings
Arrangements for the location of witnesses are made by whom?: The trial counsel
During a trial, administrative errands are performed by whom?: The court bailiff
Before and after each session of court, the court bailiff receives specific instructions from whom?: The military judge
In the deliberation room, the bailiff performs which of the following duties?: Ensures the court members have pencils and pads of voting paper
If a member of the news media insists on bringing a camera into the courtroom, the bailiff should report the incident to..?: The trial counsel
A court bailiff should be prepared to furnish which of the following services?: Summon witnesses, summon court members, collect written questions

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