Assignment 6 - Courts-Martial Procedures (con'td) and Non-judicial Punishment

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To force inconsistent answers 1. Friendly counsel 2. Condescending counsel 3. Rapid fire questions 4. Suggestive: 3. Rapid fire questions (5-25
To lull the witness into a false sense of security 1. Friendly counsel 2. Condescending counsel 3. Rapid fire questions 4. Suggestive: 1. Friendly counsel (5-25)
Procedures and directives for Masters-at-Arms personnel assigned to duty at courts-martial are set forth by which of the following authorities? 1. Type commander 2. Individual commands 3. Secretary of the Navy 4. Judge Advocate: 2. Individual commands (5-24)
When assigned to guard a prisoner in court, where should the MAA be stationed? 1. At the rear of the court 2. In a position to observe the prisoner 3. As directed by the defense counsel 4. At the bar facing the court: 2. In a position to observe the prisoner (5-24)
A military counsel must be qualified under what article of the UCMJ? 1. 19 2. 27 3. 28 4. 38: 2. 27 (5-15)
What official is responsible for making the initial determination on the availability of military witnesses? 1. Convening authority 2. Counsel for the government 3. Commanding officer of the witness 4. Pretrial investigation off: 4. Pretrial investigation officer (5-17)
If a prisoner is delivered to a court in handcuffs, when, if ever, may the handcuffs be removed? 1. During the proceedings 2. When the prisoner arrives 3. When the prisoner enters the courtroom 4. Never: 1. During the proceedings (5-24)
During an Article 32 investigation, a witness is not reasonably available. If the defense objects, what type of statement may the investigating officer consider? 1. Sworn 2. Written 3. Unsworn 4. Prior testimony: 1. Sworn (5-17)
The pretrial advice by the CO's staff judge advocate does NOT include which of the following elements? 1. Whether each specification alleges an offense 2. Whether each allegation is substantiated by the evidence 3. A recommended acti: 4. A recommended punishment for the offense (5-17 â€“ 5-18)
Arrangements for the location of witnesses are made with whom? 1. The judge 2. The court bailiff 3. The defense counsel 4. The trial counsel: 4. The trial counsel (5-24)
A general court-martial should be comprised of at least how many members? 1. Six 2. Seven 3. Three 4. Five: 4. Five (5-19)
During a trial, administrative errands are performed by whom? 1. The guard 2. The court bailiff 3. The messenger 4. The MAA: 2. The court bailiff (5-25)
The effects of a BCD on the benefits of a veteran depend on which of the following factors? 1. Type of court-martial 2. The facts of the case 3. Who administers the benefits 4. All of the above: 4. All of the above (5-21)
A special-court martial may adjudge hard labor without confinement for a maximum of how many months? 1. 5 2. 2 3. 3 4. 4: 3. 3 (5-21)
What term identifies a lump sum judgment against an accused payable to the United States? 1. Fine 2. Charge 3. Penalty 4. Forfeiture: 1. Fine (5-22)
Before and after each session of court, the court bailiff receives specific instructions from whom? 1. The defense counsel 2. The senior member 3. The military judge 4. The trial counsel: 4. The trial counsel (5-24)
Automatic reduction to pay grade E-1 is effected upon what approved punishment? 1. Punitive discharge and confinement in excess of 90 days 2. Punitive discharge or confinement in excess of 90 days 3. Confinement in excess of 90 days: 2. Punitive discharge or confinement in excess of 90 days (5-22)
The escalator clause permits a punitive discharge to those personnel involved in what type of cases? 1. Moral turpitude 2. Chronic offenders 3. Grievous bodily harm 4. Unauthorized absence of 1 year: 2. Chronic offenders (5-22)
In the deliberation room, the bailiff performs which of the following duties? 1. Guards the entrance 2. Ensures the court members have pencils and pads of voting paper 3. Provides court papers for the defense and trial counsel 4: 1. Guards the entrance (5-26)
What is the maximum sentence a special court-martial may award? 1. BCD, confinement for 3 months, and forfeiture of ½ pay per month for 6 months 2. BCD, confinement for 6 months, and forfeiture of 2/3 pay per month for 6 months, and redu: 2. BCD, confinement for 6 months, and forfeiture of 2/3 pay per month for 6 months, and reduction in rate to E-1 (5-23)
An attempt to lead the witness 1. Friendly counsel 2. Condescending counsel 3. Rapid fire questions 4. Suggestive: 4. Suggestive (5-25)
When the military judge enters the courtroom, the bailiff makes what statement? 1. JUDGE __________, PRESIDING 2. COURT IS IN SESSION 3. EVERYONE PLEASE STAND 4. ALL PERSONS PLEASE RISE: 4. ALL PERSONS PLEASE RISE (5-26)
To confuse the witness 1. Friendly counsel 2. Condescending counsel 3. Rapid fire questions 4. Suggestive: 3. Rapid fire questions (5-25)
To give the impression that the witness is unreliable 1. Friendly counsel 2. Condescending counsel 3. Rapid fire questions 4. Suggestive: 2. Condescending counsel (5-25)
When the court members enter the courtroom, what announcement, if any, will the bailiff make? 1. ATTENTION ON DECK 2. EVERYONE PLEASE STAND 3. ALL PERSONS PLEASE RISE 4. None: 4. None (5-26)
If a member of the news media insists on bringing a camera into the courtroom, the bailiff should report the incident to whom? 1. The guard 2. The judge 3. The trial counsel 4. The senior court member: 3. The trial counsel (5-26)
When court members are in closed session, who may enter the deliberation room? 1. The trial counsel 2. The defense counsel 3. The court members 4. The bailiff: 3. The court members (5-26)
A court bailiff should be prepared to furnish which of the following services? 1. Summon witnesses 2. Summon court members 3. Collect written questions 4. All of the above: 4. All of the above (5-26)
Master-at-Arms are assigned to civil court for which of the following reasons? 1. To ensure the civil courts treat the Armed Forces personnel fairly 2. To act as an escort for the accused service member 3. To record the court proceed: 4. To establish and maintain a good working relationship between Armed Forces personnel and civil agencies (5-27)
It is the duty of civil court liaison to use what resource(s) to learn of civil offenses committed by military personnel? 1. Civil police department only 2. Civil police and military police only 3. Military police and legal office on: 4. All available resources (5-27)
Civil court liaison personnel perform which of the following duties? 1. Accept custody of military personnel released by civil authorities 2. Maintain a written record of visits 3. Initiate reports as required 4. Each of the abo: 4. Each of the above (5-27)
When, if ever, are working files of civilian court cases destroyed? 1. When the case is closed 2. Six months after the case is closed 3. One year after the case is closed 4. Never: 1. When the case is closed (5-27)
A Master-at-Arms, acting as a civilian court liaison, may be required to attend sessions of criminal and traffic courts. 1. True 2. False: 1. True (5-27)
The basic laws of non-judicial punishment may be found in which of the following sources? 1. Part V of the MCM 2. Part B of the JAGMAN 3. Article 15 of the UCMJ 4. All of the above: 4. All of the above (6-1)
Which of the following statements is correct concerning non-judicial punishment (NJP)? 1. It is a forum for command members to air grievances 2. The power to impose NJP is inherent in the individual 3. It promotes positive behavior c: 3. It promotes positive behavior changes (6-1)
Ordinarily, the power to impose non-judicial punishment cannot be delegated. 1. True 2. False: 1. True (6-2)
What official must approve any limitation of authority by subordinate commanders under Article 15? 1. CNO 2. SECDEF 3. SECNAV 4. CHNAVPERS: 3. SECNAV (6-2)
Which of the following personnel may be taken to mast by a Navy commander? 1. TSGT Brush, USAF 2. SSGT Doe, USA 3. MM3 Boate, USCG 4. CPL Pistol, USMC: 4. CPL Pistol, USMC (6-2)
Under what circumstances, if any, may Reserve personnel be recalled to active duty for imposition of non-judicial punishment that includes restraint? 1. When recalled by the CO of the Reserve center 2. When the recall is approved by SECNA: 2. When the recall is approved by SECNAV (6-3)
A memberâ€™s right to refuse imposition of non-judicial punishment terminates at what time? 1. When the report chit is signed accepting mast 2. When the rights acknowledgment is signed 3. When the accused appears before the CO 4: 4. When the punishment is announced by the CO (6-3)
The term â€œminor offenseâ€ means misconduct that is usually handled at which of the following courts-martial? 1. Summary 2. Special 3. General: 1. Summary (6-3)
Who makes the final determination as to whether or not an offense is considered minor? 1. Legal officer 2. Division officer 3. Executive officer 4. Commanding officer: 4. Commanding officer (6-3)
A commanding officer who has imposed judicial punishment may not later refer the same case to a court-martial. 1. True 2. False: 2. False (6-4)
A member may receive non-judicial punishment after being tried by which of the following courts? 1. Juvenile court 2. Federal district court 3. Special court-martial 4. General court-martial: 1. Juvenile court (6-4)
Where can instructions be found for processing a Report and Disposition of Offense(s), NAVPERS Form 1626/7? 1. MCM 2. JAGMAN 3. BUPERSINST 1626.1 4. On the form itself: 4. On the form itself (6-5)
The NAVPERS Form 1626/7 serves its purpose well but does not include which of the following information? 1. Records and premast restraint 2. Preliminary inquiry report 3. Premast advice 4. Appeal rights: 3. Premast advice (6-5)
In what manner should witnesses be listed on the NAVPERS Form 1626/7? 1. Civilian witnesses and then military witnesses in order of seniority 2. Military witnesses and then civilian witnesses in alphabetical order 3. Military witness: 3. Military witnesses by seniority and then civilians (6-5)
If an accused refuses to sign the NAVPERS Form 1626/7 acknowledging the charges against him, what action should be taken? 1. The person informing the accused of the charges should sign for the accused 2. The person informing the accused o: 2. The person informing the accused of the charges will sign to the fact (6-5)
In addition to the accused, who else must sign the premast restraint section of the NAVPERS Form 1626/7 when restriction is imposed? 1. The division officer 2. The commanding officer 3. The person informing the accused of the offense: 4. The person imposing restraint (6-9)
The accusedâ€™s non-judicial punishment notification and election of rights may be found in which of the following documents? 1. MCM (6-9) 2. UCMJ 3. JAG Manual 4. NAVPERS 1626/7: 1. MCM (6-9)
The term â€œBooker Rightsâ€ includes which of the following rights? 1. The accused was offered an opportunity to talk with an attorney 2. The accused was informed that acceptance of NJP does not prevent further administrative action: 4. All of the above (6-12, 6-20)
At mast, the COâ€™s determination of the accusedâ€™s guilt is based on which of the following evidentiary foundations? 1. Preponderance of the evidence 2. Probable circumstances 3. Credible evidence 4. Findings of fact: 1. Preponderance of the evidence (6-23)
Which of the following statements is correct regarding the presence of personal representatives and witnesses at an NJP hearing? 1. Civilians may be subpoenaed to attend 2. Witnesses from another command may be ordered to attend at their: 2. Witnesses from another command may be ordered to attend at their own expense (6-23)
The results of NJP should be published no later than how long after imposition of punishment? 1. 1 wk 2. 2 wks 3. 1 mo 4. 2 mos: 3. 1 mo (6-23)
Which of the following actions may be taken by a commanding officer at mast? 1. Refer the case to an Article 32 pretrial investigation 2. Dismiss the case with a warning 3. Postpone the action pending further investigation 4. Ea: 4. Each of the above (6-23, 6-24)
The NJP power of an OIC is limited to that of COs in which of the following pay grade ranges? 1. W1 to O2 2. O1 and O2 only 3. O2 and O3 only 4. O1 to O3: 4. O1 to O3 (6-24)
An OIC may award an E-3 which of the following NJP punishments? 1. Correctional custody for 14 days 2. Correctional custody for 7 days 3. Restriction for 15 days 4. Forfeiture of Â½ of 1 monthâ€™s pay for 1 month: 2. Correctional custody for 7 days (6-25)
A total of how many specific types of punishment may be awarded at mast? 1. Five 2. Six 3. Seven 4. Eight: 4. Eight (6-24)
Procedures for issuing punitive letters may be found in which of the following publications? 1. MCM 2. UCMJ 3. JAGMAN 4. MILPERSMAN: 3. JAGMAN (6-24)
An officer placed on arrest or restriction will not be confined to quarters except under which of the following conditions? 1. The officer is stationed on board a ship 2. The officer has been relieved of all duties 3. The safety or t: 3. The safety or the discipline of the ship requires it (6-25)
Of the following statements, which one is correct concerning extra duties? 1. Guard duty may not be assigned as extra duty 2. Extra duty must be performed during normal working hours 3. Any type of duty may be assigned 4. Extra: 1. Guard duty may not be assigned as extra duty (6-26)
Confinement on bread and water may be deferred for a maximum of how many days? 1. 7 2. 15 3. 30 4. 180: 2. 15 (6-26)
A member submits an NJP appeal and requests that punishment involving restraint be stayed pending action on the appeal. If no action is taken on the appeal, how many days after the appeal was submitted will the stay take effect? 1. 5 2. 7: 1. 5 (6-26)
Which of the following combinations of NJP punishment is acceptable? 1. Arrest in quarters and 10 days restriction 2. Confinement on bread and water and 15 days extra duty 3. Reduction in rate to E-2 and forfeiture of ½ of 1 months: 3. Reduction in rate to E-2 and forfeiture of ½ of 1 months pay for 2 months (6-27)
A CO who desires to set aside an NJP punishment should do so within what maximum number of months? 1. 1 2. 6 3. 3 4. 4: 4. 4 (6-28)
A letter of notification setting aside an NJP should be signed by the CO and addressed to what command? !. CNO 2. NCIS 3. TYCOM 4. NAVPERS: 4. NAVPERS (6-28)
A member serving an NJP punishment reaches his or her EAOS. What term identifies what happens to the unexecuted punishment? 1. Remission 2. Mitigation 3. Suspension 4. Vindication: 1. Remission (6-28)
The punishment of reduction in rate to E-2 may be mitigated to what punishment? 1. Restriction 2. Forfeiture of pay 3. Correctional custody 4. Confinement on bread and water: 2. Forfeiture of pay (6-28)
What term identifies an action to withhold punishment for a time pending the good behavior of an accused? 1. Remission 2. Mitigation 3. Suspension 4. Vindication: 3. Suspension (6-28)
Which of the following reasons may an accused properly use for an NJP appeal? 1. More than one punishment was awarded 2. The punishment was unjust or disproportionate 3. The accused was not represented by a lawyer 4. The accused: 2. The punishment was unjust or disproportionate (6-30)
To what official should an accusedâ€™s NJP appeal letter be addressed? 1. Legal officer 2. Area commander 3. Area coordinator 4. Staff Judge Advocate: 2. Area commander (6-30)
An accused submits a letter of appeal and the CO takes corrective action based on the circumstances. After corrective action is taken, to whom should the appeal letter be forwarded? 1. The accused 2. The reviewer 3. The legal office: 2. The reviewer (6-34)
The last endorsement to an appeal package is addressed to what official? 1. Legal officer 2. CO of the accused 3. Personnel officer 4. Officer exercising general court-martial jurisdiction: 2. CO of the accused (6-34)
An enlisted service member has been given an oral reprimand at mast. In addition to a service record entry, should the reprimand be documented elsewhere? If so, where? 1. Yes; notated on the report chit (6-37) 2. Yes; by letter to the div: 1. Yes; notated on the report chit (6-37)
If your command does not have the facilities to impose restriction, what action should your command take? 1. Defer the punishment until facilities are in place 2. Mitigate the punishment 3. Suspend the punishment 4. Send the acc: 4. Send the accused to the nearest command with the appropriate facilities (6-37)

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