OCS Exam 5 Questions & Answers(A+ Rated)
Rights of the accused (Article 31) -ANSWER- similar to Miranda rights in that before
questioning anyone hey need to have their rights read to them
Article 15 UCMJ -ANSWER- Non-Judicial Punishment-an administrative disciplinary
proceeding which is more serious that a formal written counseling but less serious than
a trial by court martial. Used for minor offenses and infractions
Military Discipline -ANSWER- Consists of authorities of constitutional power given to the
president and the regulation contained in international law which have been entrusted to
military commanders to ensure are being followed. These authorities include:
-Government
-Martial law
-military government
-international law
Uniform Code of Military Justice (UCMJ) -ANSWER- A code of laws enacted by
Congress that governs military service personnel and defines the procedural and
evidentiary requirements in military law and the substantive criminal offenses and
punishments.
Types of court martials -ANSWER- Summary
Special
General
Summary court martial -ANSWER- Commanding officers have jurisdiction to try persons
subject to the UCMJ, except officers, aviation cadets, and midshipmen for any non-
capital offense made punishable by the MCM.
Are there appeals for a summary court martial? -ANSWER- No
Composition of court for summary court martial -ANSWER- A single commissioned
officer on active duty, this officer acts as the judge, jury, defense and prosecution for the
case. Officer can be from the accused unit but may not be part of their chain of
command
Special Court Martial -ANSWER- a type of court-martial that is akin to civilian courts of
general jurisdiction. This type of court is adversarial and tries more serious offenses
than those tried by summary court-martial
Who can be tried during a special court martial -ANSWER- Officers and enlisted
personnel
, Can the accused be represented by counsel at during a special court martial? -
ANSWER- Yes, and this can be either military counsel or civilian counsel
Composition of court for a special court martial -ANSWER- 1.A military judge only
2. A military jury of not less than three members
3. A military judge and not less than three members
General Court Martial -ANSWER- a type of court-martial that is reserved for the most
serious violations of the Uniform Code of Military Justice, including cases that may
result in a penalty of death. Capital level cases that can convict both officers and
enlisted
Composition of a general court martial -ANSWER- A military judge only if the accused
request so or a military judge and not less than 5 members
Code of conduct -ANSWER- A set of guidelines, it's 6 articles are your chief concerns
as an American in combat. Created out of response to how American POW's were
treated in the Korean War and WW2. It was developed by Colonel Franklin B. Nihart
Article 1 of the Code of Conduct -ANSWER- I am an American, fighting in the forces
which guard my country and our way of life. I am prepared to give my life in their
defense.
Article 2 of the Code of Conduct -ANSWER- I will never surrender of my own free will. If
in command, I will never surrender the members of my command while they still have
the means to resist.
Article 3 of the Code of Conduct -ANSWER- If I am captured, I will continue to resist by
all means available. I will make every effort to escape and aid others to escape. I will
accept neither parole nor special favors from the enemy.
Article 4 of the Code of Conduct -ANSWER- If I become a prisoner of war, I will keep
faith with my fellow prisoners. I will give no information or take part in any action which
might be harmful to my comrades. If I am senior, I will take command. If not, I will obey
the lawful orders of those appointed over me and will back them up in every way.
Article 5 of the Code of Conduct -ANSWER- When questioned, should I become a
prisoner of war, I am required to give name, rank, service number, and date of birth. I
will evade answering further questions to the utmost of my ability. I will make no oral or
written statements disloyal to my country and its allies or harmful to their cause.
Article 6 of the Code of Conduct -ANSWER- I will never forget that I am an American,
fighting for freedom, responsible for my actions, and dedicated to the principles which
made my country free. I will trust in my God and in the United States of America.
Rights of the accused (Article 31) -ANSWER- similar to Miranda rights in that before
questioning anyone hey need to have their rights read to them
Article 15 UCMJ -ANSWER- Non-Judicial Punishment-an administrative disciplinary
proceeding which is more serious that a formal written counseling but less serious than
a trial by court martial. Used for minor offenses and infractions
Military Discipline -ANSWER- Consists of authorities of constitutional power given to the
president and the regulation contained in international law which have been entrusted to
military commanders to ensure are being followed. These authorities include:
-Government
-Martial law
-military government
-international law
Uniform Code of Military Justice (UCMJ) -ANSWER- A code of laws enacted by
Congress that governs military service personnel and defines the procedural and
evidentiary requirements in military law and the substantive criminal offenses and
punishments.
Types of court martials -ANSWER- Summary
Special
General
Summary court martial -ANSWER- Commanding officers have jurisdiction to try persons
subject to the UCMJ, except officers, aviation cadets, and midshipmen for any non-
capital offense made punishable by the MCM.
Are there appeals for a summary court martial? -ANSWER- No
Composition of court for summary court martial -ANSWER- A single commissioned
officer on active duty, this officer acts as the judge, jury, defense and prosecution for the
case. Officer can be from the accused unit but may not be part of their chain of
command
Special Court Martial -ANSWER- a type of court-martial that is akin to civilian courts of
general jurisdiction. This type of court is adversarial and tries more serious offenses
than those tried by summary court-martial
Who can be tried during a special court martial -ANSWER- Officers and enlisted
personnel
, Can the accused be represented by counsel at during a special court martial? -
ANSWER- Yes, and this can be either military counsel or civilian counsel
Composition of court for a special court martial -ANSWER- 1.A military judge only
2. A military jury of not less than three members
3. A military judge and not less than three members
General Court Martial -ANSWER- a type of court-martial that is reserved for the most
serious violations of the Uniform Code of Military Justice, including cases that may
result in a penalty of death. Capital level cases that can convict both officers and
enlisted
Composition of a general court martial -ANSWER- A military judge only if the accused
request so or a military judge and not less than 5 members
Code of conduct -ANSWER- A set of guidelines, it's 6 articles are your chief concerns
as an American in combat. Created out of response to how American POW's were
treated in the Korean War and WW2. It was developed by Colonel Franklin B. Nihart
Article 1 of the Code of Conduct -ANSWER- I am an American, fighting in the forces
which guard my country and our way of life. I am prepared to give my life in their
defense.
Article 2 of the Code of Conduct -ANSWER- I will never surrender of my own free will. If
in command, I will never surrender the members of my command while they still have
the means to resist.
Article 3 of the Code of Conduct -ANSWER- If I am captured, I will continue to resist by
all means available. I will make every effort to escape and aid others to escape. I will
accept neither parole nor special favors from the enemy.
Article 4 of the Code of Conduct -ANSWER- If I become a prisoner of war, I will keep
faith with my fellow prisoners. I will give no information or take part in any action which
might be harmful to my comrades. If I am senior, I will take command. If not, I will obey
the lawful orders of those appointed over me and will back them up in every way.
Article 5 of the Code of Conduct -ANSWER- When questioned, should I become a
prisoner of war, I am required to give name, rank, service number, and date of birth. I
will evade answering further questions to the utmost of my ability. I will make no oral or
written statements disloyal to my country and its allies or harmful to their cause.
Article 6 of the Code of Conduct -ANSWER- I will never forget that I am an American,
fighting for freedom, responsible for my actions, and dedicated to the principles which
made my country free. I will trust in my God and in the United States of America.
