Military Police Legal Authority, Jurisdiction & Courtroom Testimony
Study online at https://quizlet.com/_jr176w
1. What is the primary legal enforcement The military justice system.
tool for the United States Armed Forces?
2. What are the two major authorities gov- The Uniform Code of Military Justice (UCMJ)
erning the U.S. military justice system? and the Manual for Courts-Martial (MCM).
3. When was the Uniform Code of Military In 1950.
Justice (UCMJ) first enacted?
4. What is one rationale for having a sepa- To ensure swift and certain decisions and pun-
rate military justice system? ishments essential to troop discipline.
5. What types of offenses does the UCMJ Desertion, insubordination, and absence
address that are unique to the military? without leave.
6. What establishes the jurisdiction of mili- Proper convening of the court, satisfying
tary courts? membership requirements, and addressing
an offense in the UCMJ.
7. What are the three tiers of military Courts-Martial, Courts of Criminal Appeals,
courts? and the United States Court of Appeals for the
Armed Services.
8. What are the three types of courts-mar- Summary, general, and special.
tial?
9. What is the Manual for Courts-Martial The official guide to conducting courts-mar-
(MCM)? tial, issued as an Executive Order under Article
36 of the UCMJ.
10. What does Rule 302 of the MCM pertain Apprehension, which is the taking of a person
to? into custody.
11. It must be based on probable cause.
, Military Police Legal Authority, Jurisdiction & Courtroom Testimony
Study online at https://quizlet.com/_jr176w
What is required for an apprehension to
occur?
12. Who may apprehend a person subject to Military law enforcement officials, commis-
trial by court-martial? sioned officers, and civilians authorized to ap-
prehend deserters.
13. What is the definition of liability in a legal The state of being legally obliged and respon-
context? sible; another word for fault.
14. What is civil liability for law enforcement Responsibility for their actions, which may lead
officers? to accountability for deliberate harm or negli-
gence.
15. What is gross negligence? Intentional indifference to the need for rea-
sonable care, causing predictable severe in-
jury or damage.
16. What is criminal liability? Liability arising from actions not sanctioned
by the police department while performing
lawful duties.
17. What is the 'state-created danger' theo- A legal theory holding police liable for actions
ry? that place individuals in obvious danger out-
side police custody.
18. What is a tort? A civil wrong for which the law provides a rem-
edy; a violation of tort law.
19. What governs common law tort liability The Federal Tort Claims Act (FTCA), 28 U.S.C.
of the federal government? 2671.
20. What is the purpose of the UCMJ?
, Military Police Legal Authority, Jurisdiction & Courtroom Testimony
Study online at https://quizlet.com/_jr176w
To provide a uniform system of military justice
applicable to all members of the armed ser-
vices.
21. What does the MCM consist of? The Preamble, Rules for Courts-Martial, Mil-
itary Rules of Evidence, Punitive Articles,
Non-judicial Punishment, and Appendices.
22. What is the significance of speedy trials They aid in maintaining order and uniformity,
in the military justice system? contributing to national security.
23. What is the role of military commanders They are authorized to convene courts-martial
in the courts-martial process? to try cases of service members suspected of
violating the UCMJ.
24. What is an apprehension in military law? The equivalent of an arrest in civilian terminol-
ogy, involving taking a person into custody.
25. What distinguishes an apprehension An apprehension requires probable cause,
from an investigative detention? while an investigative detention may occur on
less than probable cause.
26. What is the consequence of evidence It may be challenged under Military Rules of
obtained in violation of apprehension Evidence.
rules?
27. What is the expectation of the civilian A disciplined and efficient military that up-
public regarding the military justice sys- holds law and order.
tem?
28. What is the historical context of Originally authorized by an amendment to the
courts-martial jurisdiction? Articles of War in 1863 for prosecuting crimes
during war or insurrection.
Study online at https://quizlet.com/_jr176w
1. What is the primary legal enforcement The military justice system.
tool for the United States Armed Forces?
2. What are the two major authorities gov- The Uniform Code of Military Justice (UCMJ)
erning the U.S. military justice system? and the Manual for Courts-Martial (MCM).
3. When was the Uniform Code of Military In 1950.
Justice (UCMJ) first enacted?
4. What is one rationale for having a sepa- To ensure swift and certain decisions and pun-
rate military justice system? ishments essential to troop discipline.
5. What types of offenses does the UCMJ Desertion, insubordination, and absence
address that are unique to the military? without leave.
6. What establishes the jurisdiction of mili- Proper convening of the court, satisfying
tary courts? membership requirements, and addressing
an offense in the UCMJ.
7. What are the three tiers of military Courts-Martial, Courts of Criminal Appeals,
courts? and the United States Court of Appeals for the
Armed Services.
8. What are the three types of courts-mar- Summary, general, and special.
tial?
9. What is the Manual for Courts-Martial The official guide to conducting courts-mar-
(MCM)? tial, issued as an Executive Order under Article
36 of the UCMJ.
10. What does Rule 302 of the MCM pertain Apprehension, which is the taking of a person
to? into custody.
11. It must be based on probable cause.
, Military Police Legal Authority, Jurisdiction & Courtroom Testimony
Study online at https://quizlet.com/_jr176w
What is required for an apprehension to
occur?
12. Who may apprehend a person subject to Military law enforcement officials, commis-
trial by court-martial? sioned officers, and civilians authorized to ap-
prehend deserters.
13. What is the definition of liability in a legal The state of being legally obliged and respon-
context? sible; another word for fault.
14. What is civil liability for law enforcement Responsibility for their actions, which may lead
officers? to accountability for deliberate harm or negli-
gence.
15. What is gross negligence? Intentional indifference to the need for rea-
sonable care, causing predictable severe in-
jury or damage.
16. What is criminal liability? Liability arising from actions not sanctioned
by the police department while performing
lawful duties.
17. What is the 'state-created danger' theo- A legal theory holding police liable for actions
ry? that place individuals in obvious danger out-
side police custody.
18. What is a tort? A civil wrong for which the law provides a rem-
edy; a violation of tort law.
19. What governs common law tort liability The Federal Tort Claims Act (FTCA), 28 U.S.C.
of the federal government? 2671.
20. What is the purpose of the UCMJ?
, Military Police Legal Authority, Jurisdiction & Courtroom Testimony
Study online at https://quizlet.com/_jr176w
To provide a uniform system of military justice
applicable to all members of the armed ser-
vices.
21. What does the MCM consist of? The Preamble, Rules for Courts-Martial, Mil-
itary Rules of Evidence, Punitive Articles,
Non-judicial Punishment, and Appendices.
22. What is the significance of speedy trials They aid in maintaining order and uniformity,
in the military justice system? contributing to national security.
23. What is the role of military commanders They are authorized to convene courts-martial
in the courts-martial process? to try cases of service members suspected of
violating the UCMJ.
24. What is an apprehension in military law? The equivalent of an arrest in civilian terminol-
ogy, involving taking a person into custody.
25. What distinguishes an apprehension An apprehension requires probable cause,
from an investigative detention? while an investigative detention may occur on
less than probable cause.
26. What is the consequence of evidence It may be challenged under Military Rules of
obtained in violation of apprehension Evidence.
rules?
27. What is the expectation of the civilian A disciplined and efficient military that up-
public regarding the military justice sys- holds law and order.
tem?
28. What is the historical context of Originally authorized by an amendment to the
courts-martial jurisdiction? Articles of War in 1863 for prosecuting crimes
during war or insurrection.
