Back to PDG Chapter 7 - Enforcing Standards and Legal Issues
84. On the subject of military law, the most desirable means of maintaining standards is
*A. effective leadership
B. military law
C. prosecution under the UCMJ
D. non-judicial punishment
7.16.
85. The purpose of military law is
A. to promote justice and to assist in maintaining good order and discipline
B. to promote efficiency and effectiveness in the military establishment
C. to strengthen the national security of the United States
*D. all of these answers
7.16.
86. The primary source of our military law is
*A. the Constitution
B. the Uniform Code of Military Justice (UCMJ)
C. the Manual for Courts-Martial
D. precedents
7.16.1.
87. Which entity has the power to raise an Army and Navy, control the military budget, and make rules for the government of the Army and Navy?
A. the President as Commander-in-Chief (CINC)
*B. Congress
C. the Secretary of Defense
D. the Joint Chiefs of Staff
7.16.1.
88. In 1950, Congress enacted the UCMJ, and President ____________ signed it into law.
A. Dwight D. Eisenhower
B. Richard M. Nixon
C. John F. Kennedy
*D. Harry S. Truman
7.16.2.1.
89. The Manual for Courts Martial (MCM) establishes rules for evidence, procedure, and maximum punishments and is revised
*A. annually
B. bi-monthly
C. every 4 years
D. concurrent with presidential elections
7.16.2.2.
90. The Manual for Courts Martial (MCM) includes a wide range of materials, including
A. the U.S. Constitution
B. the UCMJ
C. rules for courts-martial (RCM) and military rules of evidence
*D. all of these answers
7.16.2.2.
91. In regards to the right to protection from involuntary self-incrimination, a statement is “involuntary” when obtained in violation of ______________, Article 31, or through the use of coercion, unlawful influence, or unlawful inducement.
A. the First Amendment
B. the Second Amendment
C. the Fourth Amendment
*D. the Fifth Amendment
7.16.3.1.1.
92. The UCMJ requires that prior to interrogation or any request for a statement, the person must first be told
A. the nature of the accusation
B. that he or she does not have to make any statement regarding the offense
C. that any statement he or she makes may be used as evidence against him or her in a trial by court-martial
*D. all of these answers
7.16.3.1.1.
93. Prior to interrogation, the suspect is entitled to consult with counsel and to have such counsel present at the interrogation. If counsel is requested,
A. protection against self-incrimination under Article 31 is revoked
*B. questioning must cease until counsel is present
C. questioning may continue without counsel
D. the suspect must provide evidence of the ability to pay for counsel
7.16.3.1.1.
94. In the Air Force, an attorney is provided, free of charge, to represent all members before
A. summary, special, and general courts-martial
B. Article 32 investigations
C. the Article 15 process
*D. all of these answers
7.16.3.2.1.
95. Military members accused of a crime will normally receive assistance and representation from the Area Defense Counsel (ADC). The organization of the ADC enables it to provide undivided loyalty to the client because
A. it does not report to anyone at base level, including the Wing Commander or Staff Judge Advocate
B. the ADC works for a separate chain of command and is responsible only to senior defense attorneys
C. they fall under the same reporting chain as other Wing units and are dedicated to its personnel
*D. both A and B
7.16.3.2.2.
96. Apprehension is the act of
*A. taking a person into custody; the equivalent of a civilian “arrest"
B. imposing moral or physical restraint on a person’s liberty before and during offense disposition
C. postponing application of all or part of punishment for a specific probationary period
D. physically restraining a person, such as imprisonment in a confinement facility
7.17.1.1.
97. Which of the following does not have the authority to apprehend persons subject to trial by court-martial?
*A. SrA and below (if not performing police duties)
B. commissioned officers
C. NCOs
D. warrant officers
7.17.1.1.
98. An apprehension is made by
A. notifying a person, orally or in writing, that he or she is in custody
B. stating “You are under apprehension”
C. using such force and means as are reasonably necessary under the circumstances
*D. all of these answers
7.17.1.1.1.
99. NCOs may NOT apprehend commissioned or warrant officers unless
A. ordered to do so by a commissioned officer
B. the NCO is performing law enforcement duties
C. the officer is in the NCO's chain of command
*D. both A and B
7.17.1.1.2.
100. Non-law enforcement NCOs may NOT apprehend commissioned or warrant officers unless
A. specifically ordered to do so by a commissioned officer
B. the apprehension prevents disgrace to the service
C. the apprehension prevents the commission of a serious offense
*D. all of these answers
7.17.1.1.2.
101. Imposing moral or physical restraint on a person’s liberty before and during offense disposition is known as
A. apprehension
B. military jurisdiction
*C. pretrial restraint
D. inspection
7.17.1.2.
102. Pretrial restraint is imposing moral or physical restraint on a person’s liberty before and during offense disposition. Pretrial restraint may include
A. conditions on liberty
B. restrictions
C. arrest or confinement
*D. all of these answers
7.17.1.2.
103. Only _____________ can order pretrial restraint of an officer and this authority cannot be delegated.
A. the base or installation Commander
*B. an officer’s commander
C. the Secretary of Defense
D. the base Inspector General
7.17.1.2.
104. Although only an officer’s commander can order the pretrial restraint of an officer, ___________ may order the pretrial restraint of any enlisted person.
A. anyone
*B. any commissioned officer
C. any NCO
D. any enlisted person
7.17.1.2.
105. Any commissioned officer may order the pretrial restraint of any enlisted person. An enlisted person’s commander may also delegate such restraint authority to
A. any enlisted person
B. the individual's spouse
*C. an NCO
D. all of these answers
7.17.1.2.
106. Pretrial restraint may include conditions on liberty, restrictions, arrest, or confinement. Conditions on liberty is
A. restraint on a person to remain within specified limits, but is less severe than arrest
B. the limiting of a person’s liberty; direction to remain within specified limits
*C. directing a person to do or refrain from doing specified acts
D. physical restraint, such as imprisonment in a confinement facility
7.17.1.2. - 7.17.1.2.4.
107. Pretrial restraint may include conditions on liberty, restrictions, arrest, or confinement. Restriction is
*A. restraint on a person to remain within specified limits but is less severe than arrest
B. the limiting of a person’s liberty; direction to remain within specified limits
C. directing a person to do or refrain from doing specified acts
D. physical restraint, such as imprisonment in a confinement facility
7.17.1.2. - 7.17.1.2.4.
108. Pretrial restraint may include conditions on liberty, restrictions, arrest, or confinement. Arrest is
A. restraint on a person to remain within specified limits but is less severe than arrest
*B. the limiting of a person’s liberty; direction to remain within specified limits
C. directing a person to do or refrain from doing specified acts
D. physical restraint, such as imprisonment in a confinement facility
7.17.1.2. - 7.17.1.2.4.
109. Pretrial restraint may include conditions on liberty, restrictions, arrest, or confinement. Confinement means
A. restraint on a person to remain within specified limits but is less severe than arrest
B. the limiting of a person’s liberty; direction to remain within specified limits
C. directing a person to do or refrain from doing specified acts
*D. physical restraint such as imprisonment in a confinement facility
7.17.1.2. - 7.17.1.2.4.
110. Pretrial restraint may include conditions on liberty, restrictions, arrest, or confinement. Persons under Restrictions in Lieu of Arrest
A. cannot perform full military duties due to confinement
B. are not expected to perform full military duties
*C. will perform full military duties unless otherwise directed
D. are exempt from military service until resolution is reached
7.17.1.2.2.
111. In the Armed Forces, arrest means limiting a person’s liberty and is not imposed as punishment for an offense. Arrest is a ______ restraint.
A. physical
B. legal
*C. moral
D. voluntary
7.17.1.2.3.
112. Pretrial restraint may include conditions on liberty, restrictions, arrest, or confinement. Persons under arrest are
A. not directed to remain within specified limits
*B. not expected to perform full military duties
C. expected to perform full military duties
D. both A and C
7.17.1.2.3.
113. Confinement is _________ restraint, such as imprisonment in a confinement facility.
*A. physical
B. legal
C. moral
D. voluntary
7.17.1.2.4.
114. Confinement is physical restraint, such as imprisonment in a confinement facility. Individuals are put in pretrial confinement only when
A. they are accused of crimes that qualify for a General Court Martial
B. deemed necessary or requested by any commissioned officer
*C. lesser forms of pretrial restraint are inadequate
D. stationed overseas in countries without a Status of Forces Agreement (SOFA)
7.17.1.2.4.
115. Pretrial restraint may only be ordered if
A. there is a reasonable belief that the person committed an offense triable by court-martial
B. the circumstances require restraint
C. there is no evidence that the offender committed an offense triable by court-martial
*D. both A and B
7.17.1.3.
116. The ______________ protects against unreasonable searches and seizures.
A. Fifth Amendment to the U.S. Constitution
*B. Fourth Amendment to the U.S. Constitution
C. First Amendment to the U.S. Constitution
D. tradition of military courtesy
7.17.2.1.
117. _____________ is the military equivalent of a civilian search warrant and is an express permission, written or oral, issued by a competent military authority to search a person or an area for specified property or evidence or to search for a specific person and to seize such property, evidence, or person.
A. Inspection
B. Inventory
*C. “Authorization to search”
D. Article 15 under the UCMJ
7.17.2.3.
118. Who has the power to authorize a search and seizure over anyone subject to military law or at any place on the installation?
A. commanders and military judges
B. any NCO performing security police duties
C. installation commanders and magistrates
*D. both A and C
7.17.2.4.
119. Inspections are not searches. The distinction between a search and an inspection is that
A. an inspection is not conducted for the purpose of obtaining evidence for use in a trial
B. contraband seized during an inspection is not admissible in court
C. an inspection does not focus on a particular suspect or individual
*D. both A and C
7.17.3.
120. An examination of the whole or part of a unit, organization, installation, vessel, aircraft, or vehicle conducted to determine the security, military fitness, or good order and discipline is
*A. an inspection
B. a search
C. Conditions on Liberty
D. drill and ceremony
7.17.3.
121. An Article 15 should not be offered unless
A. the offender has committed a serious crime
B. the commander doesn't have enough evidence to proceed with a court martial
*C. the commander is prepared to proceed with court-martial charges
D. the offender is MSgt or below
7.18.
122. Whether an offense is minor depends on several factors and is left to the commander’s discretion. Besides the nature of the offense, the commander should also consider
A. the offender’s race, gender, sexual orientation, and prior duty assignments
B. the offender’s age, grade, duty assignments, record, and experience
C. the maximum sentence imposable for the offense if tried by a general court-martial
*D. both B and C
7.18.1.
123. Ordinarily, a minor offense is an offense for which the maximum sentence imposable would not include
A. a dishonorable discharge if tried by a general court martial
B. confinement for more than 1 year if tried by a general court martial
C. extra duty, forfeiture of pay, or reduction in grade
*D. both A and B
7.18.1.
124 Which of the following is NOT a punishment authorized under Article 15?
A. reduction in grade
B. forfeiture of pay
*C. discharge
D. extra duties
7.18.2.
125. The type and extent of punishment authorized under Article 15 are limited by
A. the imposing commander’s grade
B. the Status of Forces Agreement
C. the offender’s grade
*D. both A and C
7.18.2.
126. After the commander determines that an Article 15 is appropriate, the Staff Judge Advocate prepares an
*A. AF Form 3070A, Record of Nonjudicial Punishment Proceedings (AB thru TSgt)
B. AF IMT 1768, Staff Summary Sheet (SSS)
C. AF IMT 174, Record of Individual Counseling
D. AF IMT 1058, Unfavorable Information File Action
7.18.3.2.
127. The type and extent of punishment authorized under Article 15 are limited by both the imposing commander’s grade and the offender’s grade. The maximum length of time a Lieutenant may order a Master Sergeant into correctional custody is
*A. 7 days
B. 3 days
C. 14 days
D. 30 days
7.18.2.
128. Under Article 15, what is the maximum forfeiture of pay amount that may be ordered by any level of commander?
*A. 1/2 of 1 month’s pay per month for 2 months
B. 7 days’ pay
C. 1 month's basic pay for 3 consecutive months
D. 1.5 times base pay for 3 months
7.18.2.
129. The type and extent of punishment authorized under Article 15 are limited by both the commander’s grade and the offender’s grade. What is the maximum forfeiture of pay amount that may be ordered by a Lieutenant or Captain?
A. 1/2 of 1 month’s pay per month for 2 months
*B. 7 days’ pay
C. 1 month's basic pay for 6 consecutive months
D. 1.5 times base pay for 3 months
7.18.2.
130. Under Article 15, what is the maximum length of correctional custody that may be ordered by any level of commander?
A. 90 days
B. 60 days
C. 7 days
*D. 30 days
7.18.2.
131. After being offered an Article 15/NonJudicial Punishment, a member has ______ to consult with military defense counsel and make a decision.
*A. 3 duty days
B. 5 duty days
C. 7 duty days
D. 14 duty days
7.18.3.3.
132. According to the Air Force Professional Development Guide, a member’s decision to accept an Article 15 is not an admission of guilt but
A. is the equivalent of the civilian "no contest" plea
B. is an acknowledgement that a court martial would be successful
*C. is a choice of forum
D. only following the commander's orders
7.18.3.3.
133. A commander has the power to suspend, remit, mitigate, or set aside punishment of an Article 15. To suspend means to
*A. postpone all or part of the punishment for a specific probationary period
B. cancel any portion of the unexecuted punishment
C. reduce either the quantity or quality of a punishment
D. set aside the punishment and restore privileges or rights
7.18.4. and 7.18.4.1.
134. A commander has the power to suspend, remit, mitigate, or set aside punishment of an Article 15. To remit or remission means to
A. postpone all or part of the punishment for a specific probationary period
*B. cancel any portion of the unexecuted punishment
C. reduce either the quantity or quality of a punishment
D. set aside the punishment and restore privileges or rights
7.18.4. and 7.18.4.2.
135. A commander has the power to suspend, remit, mitigate, or set aside punishment of an Article 15. To mitigate or mitigation means to
A. postpone all or part of the punishment for a specific probationary period
B. cancel any portion of the unexecuted punishment
*C. reduce either the quantity or quality of a punishment
D. set aside the punishment and restore privileges or rights
7.18.4. and 7.18.4.3.
136. A commander may suspend, remit, mitigate, or set aside punishment of an Article 15. To set aside means to
A. postpone all or part of the punishment for a specific probationary period
B. cancel any portion of the unexecuted punishment
C. reduce either the quantity or quality of a punishment
*D. set aside the punishment and restore privileges or rights
7.18.4. and 7.18.4.4.
137. Which of the following is not a type of court martial?
A. Summary Court-Martial
B. Special Court-Martial
*C. Nonjudicial punishment
D. General Court-Martial
7.19.1. - 7.19.3.
138. This type of court martial is only for enlisted members and tries only minor offenses. Instead of a military judge, a commissioned officer is appointed to preside over proceedings.
*A. Summary Court-Martial
B. Special Court-Martial
C. General Court-Martial
D. Nonjudicial punishment
7.19.1.
139. This type of court martial tries intermediate-level offenses and the sentences it hands down may include any punishment authorized by the UCMJ except death, dishonorable discharge, dismissal, or confinement in excess of 1 year.
A. Summary Court-Martial
*B. Special Court-Martial
C. General Court-Martial
D. Nonjudicial punishment
7.19.2.
140. In a Special Court-Martial, enlisted accused may request at least ___________ of the panel consist of enlisted members.
*A. one-third
B. one-half
C. one-fifth
D. one-fourth
7.19.2.
141. Which type of court martial tries the most serious offenses?
A. Summary Court-Martial
B. Special Court-Martial
*C. General Court-Martial
D. Nonjudicial punishment
7.19.3.
142. Which type of court-martial is composed of a military judge and at least a five-member panel and hands down the maximum allowable sentences under the UCMJ up to and including death?
A. Summary Court-Martial
B. Special Court-Martial
C. Nonjudicial punishment
*D. General Court-Martial
7.19.3.
143. When a case is referred to trial, the convening authority, generally the Wing or Numbered Air Force commander, selects the court-martial panel. Panel members must be
*A. senior in grade to the accused and the best qualified
B. composed of an equal number of men and women
C. selected from an uninvolved base, preferably from another MAJCOM
D. all of these answers
7.20.1.
144. During a court martial, a finding of guilty requires ____________ of the members to vote for a finding of guilty.
A. all
B. at least three-fourths
*C. at least two-thirds
D. at least half
7.20.2.
145. During a court martial, a finding of guilty requires at least two-thirds of the members to vote for a finding of guilty. Voting is
*A. by secret written ballot
B. a public matter and proceeds in rank order
C. done as each panel member stands, in turn, and announces his decision
D. both B and C
7.20.2.
146. A sentence of death requires a ____________ vote by a panel of 12 members.
*A. unanimous
B. three-fourths
C. one-half
D. two-thirds
7.20.2.
147. A sentence of confinement in excess of 10 years requires the concurrence of ____________ of panel members.
A. all
*B. three-fourths
C. one-half
D. two-thirds
7.20.2.
148. The court martial convening authority can
A. approve or disapprove any portion of the findings or sentence
B. mitigate the sentence to another form of punishment, as long as the punishment is less severe
C. suspend any sentence that has been approved except the death sentence
*D. all of these answers
7.21.
149. Following a court-martial, the record of the trial is reviewed for legal sufficiency. ___________ reviews any case not automatically reviewed by the US Air Force Court of Criminal Appeals.
A. The MAJCOM Commander
B. The commander of the accused
C. The convening authority
*D. The Judge Advocate General (TJAG)
7.22.1.
150. The first level of formal appellate review is
*A. the U.S. Air Force Court of Criminal Appeals (AFCCA)
B. the U.S. Court of Appeals for the Armed Forces (USCAAF)
C. the U.S. Supreme Court
D. the Judge Advocate General (TJAG)
7.22.2.
151. The first level of formal appellate review is the U.S. Air Force Court of Criminal Appeals (AFCCA). It reviews records of trials that include
A. a death sentence
B. dismissal of a commissioned officer or a punitive discharge
C. confinement of 1 year or more
*D. all of these answers
7.22.2.
152. The highest appellate court in the military justice system is
A. the U.S. Air Force Court of Criminal Appeals (AFCCA)
*B. the U.S. Court of Appeals for the Armed Forces (USCAAF)
C. the U.S. Supreme Court
D. the Judge Advocate General (TJAG)
7.22.3.
153. The highest appellate court in the military justice system is the U.S. Court of Appeals for the Armed Forces (USCAAF). It reviews cases
A. that include a death sentence
B. previously reviewed by the Air Force Court of Criminal Appeals forwarded on TJAG’s order
C. that include non-judicial punishment
*D. both A and B
7.22.3.
154. The US Court of Appeals for the Armed Forces is composed of five civilian judges who are appointed by ____________.
A. the Secretary of Defense
B. the Judge Advocate General (TJAG)
*C. the President
D. the elected leader of the UN Security Council
7.22.3.