PHASE 4 AND 3 EXAMS – TBS
WITH RATIONALE
ANSWERS;GRADED TO PASS.
Given an individual suspected of committing an offense covered by the Uniform
Code of Military Justice (UCMJ). Apprehend a suspect To gain custody of the
individual without violating suspect's rights. - ANSWER Apprehension: taking an
individual into custody
1. Authority may be exercised on or off base by:
- Military personnel or civilians performing law enforcement
- Guard or police
- Military police or CID agents regardless of rank
- Civilian law enforcement like NCIS or contract security guards
- Sentries on post when authorized by their special orders
2. Grounds to Apprehend Person:
- is subject to the UCMJ
- May be apprehended based on probable cause
- May be apprehended to quell quarrels or disordered
- Civilians are "detained" until turned over to civilian law enforcement
3. How to apprehend:
- Identify yourself to the person as someone allowed to apprehend the person
- Clearly notify them they are in custody and tell them why they are being
apprehended
- Search the individual after taking them into custody
What is jurisdiction? - ANSWER Jurisdiction is the power to execute the laws and
administer justice.
Describe Article 15, Non-Judicial Punishment (NJP) - ANSWER NJP = lowest level
of punitive measure
1. Who may impose NJP?
- Company Commanders and higher may impose NJP on commissioned, warrant,
and enlisted members
- Officers-in-charge in their organizations TO, commanding general's orders, or
another such authority may impose punishment on enlisted members only
2. Who can delegate NJP?
- Only flag or general officer-in-command
- Second-in-commands can only assume NJP if they assume command
3. What are your rights if accused at NJP?
- Should know the nature of your offense
- Have the right to refuse NJP (unless attached to or embarked on a vessel):
--- If the NJP is refused the commander can either:
------Refer the case to trial by court martial
------Take no action
,PHASE 4 AND 3 EXAMS – TBS
WITH RATIONALE
ANSWERS;GRADED TO PASS.
------Use administrative/non punitive measures to resolve the case
- No official right to defense counsel for NJP but have the right to confer with
independent lawyer to decide whether or not to accept NJP
What are the procedures at NJP? - ANSWER - Someone conducts a preliminary
inquiry for an offense
- The individual who conducts the preliminary inquiry submits a report to the
commanding officer who decides NJP based on that inquiry
- The Unit Punishment Book (UPB) is prepared
- The accused is informed of the charges, Article31(B) rights, and their right to refuse
NJP
- If they accept → office hours will be scheduled and observers and witnesses are
called
- Before the NJP, the accused is reminded of their rights
- At company office hours → company commander, first sergeant, platoon
commander, and platoon sergeant are present
- Battalion office hours → battalion commander, sergeant major, company
commander, first sergeant are present
- During hearing accused reminded of their rights again
- Options available to commanding officer:
1. Dismiss the charges
2. Impose non punitive corrective measures
3. Impose NJP
4. Refer the case to trial by court-martial
Describe the types of separations - ANSWER Any separation triggers a DD Form
214
Two types of separation:
1. Voluntary:
- Marine determines that their enlistment contract is defective For dependency
hardship
2. Involuntary:
- CMC directs demobilization or reduction force
- At the convenience of the government
- Unsatisfactory performance
- For misconduct
- Drug abuse
- Security risk
Given a situation covered by Uniform Code of Military Justice (UCMJ), under
direction of a competent authority. Conduct a lawful inspection To obtain evidence
without violating an individual's rights. - ANSWER 1. Inspection:
, PHASE 4 AND 3 EXAMS – TBS
WITH RATIONALE
ANSWERS;GRADED TO PASS.
- An examination of the whole or part of a unit, organization, installation, vessel,
aircraft, vehicle in which whose primary purpose is to ensure security, military
fitness, and good order and discipline
2. Scope of Inspection:
- Ensure command is properly equipped, functioning properly, maintaining proper
standards of readiness, and cleanliness
- Personnel or fit and ready for duty
- Urinalysis testing
- Examination to locate and confiscate unlawful weapons and other contraband (as
long as purpose of inspection is not to gather evidence concerning a specific
crime/individual)
3. Conducting Inspection:
- Needs to be reasonable in fashion, can use natural/technological aid
- If find unlawful weapons/contraband it may be seized and admissible in trial
- Authority:
---- Unit leader, squad leader, or fire team leader
4. Plain View Doctrine:
- While in the course of lawful activity, if you have authority to seize and you
reasonable observe evidence subject to seizure, you may seize that evidence
Given a situation covered by Uniform Code of Military Justice (UCMJ) and
competent authority. Conduct a lawful search and seizure To ensure the safety of
personnel and the possible collection of evidence - ANSWER Definitions:
1. Search: looking for evidence by an agent of the government
2. Seizure: taking physical control of evidence
Exclusionary Rule:
- illegally obtained evidence will not be admissible at court-martial
Types of Evidence:
- Pistol, knife, drugs, written statement/logbook/ledger, testimonial
Requirements for Admissibility: (RCA)
1. Relevant:
- (related to issues being tried)
2. Competent:
- (conform to rules of evidence)
3. Authentic:
- (shown to be what the party offering evidence claims it to be)
--- Prove authenticity by identification of unique characteristic + chain of custody
What are the two types of searches? - ANSWER 1. Those requiring probable
cause:
WITH RATIONALE
ANSWERS;GRADED TO PASS.
Given an individual suspected of committing an offense covered by the Uniform
Code of Military Justice (UCMJ). Apprehend a suspect To gain custody of the
individual without violating suspect's rights. - ANSWER Apprehension: taking an
individual into custody
1. Authority may be exercised on or off base by:
- Military personnel or civilians performing law enforcement
- Guard or police
- Military police or CID agents regardless of rank
- Civilian law enforcement like NCIS or contract security guards
- Sentries on post when authorized by their special orders
2. Grounds to Apprehend Person:
- is subject to the UCMJ
- May be apprehended based on probable cause
- May be apprehended to quell quarrels or disordered
- Civilians are "detained" until turned over to civilian law enforcement
3. How to apprehend:
- Identify yourself to the person as someone allowed to apprehend the person
- Clearly notify them they are in custody and tell them why they are being
apprehended
- Search the individual after taking them into custody
What is jurisdiction? - ANSWER Jurisdiction is the power to execute the laws and
administer justice.
Describe Article 15, Non-Judicial Punishment (NJP) - ANSWER NJP = lowest level
of punitive measure
1. Who may impose NJP?
- Company Commanders and higher may impose NJP on commissioned, warrant,
and enlisted members
- Officers-in-charge in their organizations TO, commanding general's orders, or
another such authority may impose punishment on enlisted members only
2. Who can delegate NJP?
- Only flag or general officer-in-command
- Second-in-commands can only assume NJP if they assume command
3. What are your rights if accused at NJP?
- Should know the nature of your offense
- Have the right to refuse NJP (unless attached to or embarked on a vessel):
--- If the NJP is refused the commander can either:
------Refer the case to trial by court martial
------Take no action
,PHASE 4 AND 3 EXAMS – TBS
WITH RATIONALE
ANSWERS;GRADED TO PASS.
------Use administrative/non punitive measures to resolve the case
- No official right to defense counsel for NJP but have the right to confer with
independent lawyer to decide whether or not to accept NJP
What are the procedures at NJP? - ANSWER - Someone conducts a preliminary
inquiry for an offense
- The individual who conducts the preliminary inquiry submits a report to the
commanding officer who decides NJP based on that inquiry
- The Unit Punishment Book (UPB) is prepared
- The accused is informed of the charges, Article31(B) rights, and their right to refuse
NJP
- If they accept → office hours will be scheduled and observers and witnesses are
called
- Before the NJP, the accused is reminded of their rights
- At company office hours → company commander, first sergeant, platoon
commander, and platoon sergeant are present
- Battalion office hours → battalion commander, sergeant major, company
commander, first sergeant are present
- During hearing accused reminded of their rights again
- Options available to commanding officer:
1. Dismiss the charges
2. Impose non punitive corrective measures
3. Impose NJP
4. Refer the case to trial by court-martial
Describe the types of separations - ANSWER Any separation triggers a DD Form
214
Two types of separation:
1. Voluntary:
- Marine determines that their enlistment contract is defective For dependency
hardship
2. Involuntary:
- CMC directs demobilization or reduction force
- At the convenience of the government
- Unsatisfactory performance
- For misconduct
- Drug abuse
- Security risk
Given a situation covered by Uniform Code of Military Justice (UCMJ), under
direction of a competent authority. Conduct a lawful inspection To obtain evidence
without violating an individual's rights. - ANSWER 1. Inspection:
, PHASE 4 AND 3 EXAMS – TBS
WITH RATIONALE
ANSWERS;GRADED TO PASS.
- An examination of the whole or part of a unit, organization, installation, vessel,
aircraft, vehicle in which whose primary purpose is to ensure security, military
fitness, and good order and discipline
2. Scope of Inspection:
- Ensure command is properly equipped, functioning properly, maintaining proper
standards of readiness, and cleanliness
- Personnel or fit and ready for duty
- Urinalysis testing
- Examination to locate and confiscate unlawful weapons and other contraband (as
long as purpose of inspection is not to gather evidence concerning a specific
crime/individual)
3. Conducting Inspection:
- Needs to be reasonable in fashion, can use natural/technological aid
- If find unlawful weapons/contraband it may be seized and admissible in trial
- Authority:
---- Unit leader, squad leader, or fire team leader
4. Plain View Doctrine:
- While in the course of lawful activity, if you have authority to seize and you
reasonable observe evidence subject to seizure, you may seize that evidence
Given a situation covered by Uniform Code of Military Justice (UCMJ) and
competent authority. Conduct a lawful search and seizure To ensure the safety of
personnel and the possible collection of evidence - ANSWER Definitions:
1. Search: looking for evidence by an agent of the government
2. Seizure: taking physical control of evidence
Exclusionary Rule:
- illegally obtained evidence will not be admissible at court-martial
Types of Evidence:
- Pistol, knife, drugs, written statement/logbook/ledger, testimonial
Requirements for Admissibility: (RCA)
1. Relevant:
- (related to issues being tried)
2. Competent:
- (conform to rules of evidence)
3. Authentic:
- (shown to be what the party offering evidence claims it to be)
--- Prove authenticity by identification of unique characteristic + chain of custody
What are the two types of searches? - ANSWER 1. Those requiring probable
cause:
