Justice and LOAC Exam OCS With Verified Answers By Expert

Article 31(b) Rights - ANSWER-To be informed of the nature of the suspected offense, to remain silent, and to be informed that any statement you make can be used against you. Commander's Responsibilities - ANSWER-Maintain good order and discipline, enforce the law, protect soldiers' rights, determine/recommend disposition of a case, and keep sexual assault victims informed. Formal Investigation: Chapter 5 - ANSWER-usuallyl initiated for more complex offenses. Requires appointment of investigating officer. Investigating officer must adhere to requirements of AR 15-6 and will be provided a legal advisor Preliminary Inquiry: Chapter 4 - ANSWER-required for any offense reported to the Commander, no formal requirements, can be conducted by Commander or assigned to an investigating officer Authorizing Authorities for a Search and Seizure - ANSWER-Civilian authority, military judges, military magistrates, and the Commander of a unit Probable Cause - ANSWER-A reasonable belief that the person, property, or evidence sought is located in the place or on the person to be searched. Search and Seizure Authorization not required when - ANSWER-Item is in plain view, the individual has consented to a search, exigent circumstances exist, or an incident to lawful apprehension/stop exists. Consent search criteria - ANSWER-must exercise control over property to consent, consent may be withdrawn at any time, and it must be voluntary and not coerced. Administrative inspection - ANSWER-an inspection which has the primary purpose of ensuring the security, military fitness, or good order and discipline of the command. aka Health and Wellness Check Administrative Reprimand - ANSWER-documents misconduct or poor performance in a Soldier's official files non-judicial punishment - ANSWER-imposed by commanding officer. Intended to be a prompt means of correcting soldier behavior and dispose of minor offenses. Summary Courts Martial - ANSWER-the least formal type of courts-martial and the least protective of soldier rights. It is intended to dispose of relatively minor offenses promptly. Special Courts Martial - ANSWER-overseen by a single judge (no panel). Must be authorized by a brigade commander. Maximum punishments may include 6 months confinement and 2/3rd forfeiture of pay. General Courts Martial - ANSWER-total forfeiture of all pay/allowances, confinement up to maximum authorized by law, dishonorable discharge LOAC Legal Sources - ANSWER-Hague Regulations, Geneva Conventions, Other International Treaties, Customary International Law Rules of Engagement - ANSWER-directives issued by the commander that explain when, under what circumstances & how soldiers may use force ROE Purposes - ANSWER-to provide uniform training and planning guidance, to inform soldiers of what, when where, and how they can use force, and to provide the commander's baseline guidance on DOD policies governing the use of military force. LOAC Basic Principles - ANSWER-Military Necessity, distinction, proportionality, and unnecessary suffering (humanity) Military Necessity - ANSWER-the principle that justifies the use of all measures needed to defeat the enemy as quickly and efficiently as possible that are not prohibited by the law of war. Must be directed at legitimate military objectives. Not a defense for committing acts expressly prohibited by international law