OCS Military Justice Questions and Answers Rated A+

OCS Military Justice Questions and Answers Rated A+ Who can issue search authorizations? 1. civilian authority (judge) 2. military judges 3. military magistrates 4. commander or acting commander Can a PL/PSG authorize a search? No, a commander, mil/civ judge, or military magistrate. Can a commander issue a search/seizure off of the post? No Can a soldier withdraw consent if a CO is authorizing a search in timely manner? No, consent is not necessary if probable cause is in place What happens if consent to search is withdrawn but contraband is found? Confiscate contraband, but cannot use for UCMJ, unless you have a warrant and other documentation Your commander scheduled a health/wellness inspection, but he/she learns of drug use in barracks, what happens? Continue the inspection and inspect everyone the same way. Most common errors when administratively separating a soldier? Lack of counseling Can corrective training be humiliating or degrading? No What is the most important thing in corrective training? It must correlate to the specific deficiency and correct the deficiency. Leader must be present. What is normally the characteristic of service conducive to the fastest discharge? General discharge You need proof beyond a reasonable doubt of guilt to issue an AR15 or court martial. True Can a soldier be put in pre-trial confinement because of inconvenience? No Are health and wellness inspections a search? No, they are an inspection What is the main function of the PL in the UCMJ process? Making recommendations to the CO Can a soldier be forced to make a statement of a crime he is suspected of committing? No, if the soldier is forced, that statement cannot be used in a court of law CO wants to get some incriminating info from a soldier, but knows if he reads him his rights, he will not get the full story. What are the consequences? Statement is inadmissible in a court of law