Back to PDG Chapter 7 - Enforcing Standards and Legal Issues
Air Force PDG Study Guide, 1 Oct 2011
Chapter 7, Enforcing Standards and Legal Issues
Multiple Choice Question Test References
Section 7F, Legal Issues
Study for promotion to E8/E9
155. The military needs a separate criminal justice system to
A. handle unique military crimes that civilian courts cannot handle
B. address crimes committed by its members worldwide during war or peace
C. address crimes committed on military installations only
*D. both A and B
7.24.1.
156. As our separate military justice system has evolved, it has balanced two basic interests:
A. discipline (essential to war fighting capability)
B. justice (a fair and impartial system essential to morale)
C. mission and a class system (as necessary for command)
*D. both A and B
7.24.2.
157. The historical foundation for the US military law and criminal justice system is _____________.
*A. the British Articles of War
B. the Constitution
C. the Declaration of Independence
D. the Roman Army
7.24.3.
158. During World War II, there was an average of more than ________ general court-martial convictions per day for the duration of the war.
A. 600
*B. 60
C. 300
D. 30
7.24.4.
159. The Articles of War predated the U.S. Constitution and remained substantially unchanged for more than 100 years until events encountered during __________ prompted change.
A. the Korean war
B. the Vietnam war
*C. World War II
D. the Cold War
7.24.3. - 7.24.5.
160. After unification of the Armed Services under the DoD in 1947, who took action to develop a new, uniform system of discipline that would apply to all services and address the abuses from WWII?
A. President Eisenhower, as Commander in Chief
B. President Harry S. Truman
C. the Judge Advocate General (TJAG)
*D. the first Secretary of Defense, James V. Forrestal
7.24.6.
161. In 1950, in response to the public's dissatisfaction with military law and congressional hearings, Congress enacted the UCMJ which is
A. an international treaty for the humane prosecution of war
*B. the military’s criminal code applicable to all branches of service
C. an attempt to codify the Air Force's rules of engagement
D. a revision of military law that reduced openness, rights, and protections
7.24.6.
162. The UCMJ established Air Force, Army, Navy, and Coast Guard boards of review as the first level of appeal in the military justice system, and the ___________ as the second level of appeal.
A. Supreme Court
B. Judge Advocate General
*C. U.S. Court of Military Appeals
D. the General Court Martial
7.24.7.
163. When the UCMJ became effective in 1951, the Court of Military Appeals, composed of five civilian judges, was perhaps the most revolutionary change because _________________.
A. civilian employees had their own appeals channel for the first time
B. it tightened the military's control of the justice system
*C. it brought the checks and balances of civilian control into the military justice system
D. all of these answers
7.24.7.
164. A significant change to the UCMJ was the Military Justice Act of 1983 which _______________.
A. created the position of military judge
*B. established a separate punitive article for drug offenses
C. changed service Boards of Review to Courts of Review
D. prohibited trial by SCM if the accused objected
7.24.10.
165. Two provisions in the U.S. Constitution grant powers to the legislative and executive branches providing the legal foundation for our military justice system:
A. Article I, Section 8, states that Congress is empowered to declare war and raise and support armies
B. Article II, Section 2, states that the President serves as CINC of the U.S. Armed Forces and militia
C. Article 15 and the Bill of Rights
*D. both A and B
7.25.
166. The US Constitution, Article I, Section 8, provides that Congress is empowered to _____________.
A. declare war
B. raise and support armies
C. provide and maintain a navy
*D. all of these answers
7.25.1.
167. Article 36, of the Uniform Code of Military Justice (UCMJ), specifically authorizes the President to prescribe the procedures to be followed in courts-martial. In accordance with Article 36, President Harry S. Truman established ______________ in 1951 to implement the UCMJ.
A. the Geneva Convention treaties
B. the Area Defense Counsel (ADC)
*C. the Manual for Courts-Martial (MCM)
D. the concept of nonjudicial punishment
7.25.2.
168. What two questions must be answered in the affirmative to establish that a court martial has jurisdiction to decide a case?
A. Was the act intentional? and Is the accused responsible?
B. Is the accused a person subject to the UCMJ?
C. Is the conduct prohibited by the UCMJ?
*D. both B and C
7.26.
169. Courts-martial jurisdiction is decided by
*A. personal jurisdiction and subject-matter jurisdiction
B. nationality, rank, and term of service
C. the nature and terrain of the subject
D. military status and location (actions overseas are exempt)
7.26.
170. Which of the following are NOT considered to be subject to court-martial jurisdiction according to Article 2 of the UCMJ?
*A. civilians not in a time of war
B. members of a regular component of the Armed Forces
C. retired members of the Armed Forces who are entitled to pay
D. midshipmen
7.26.1.2. and 7.26.1.3.
171. Courts-martial have exclusive jurisdiction when
A. a person who is subject to court-martial jurisdiction breaks the law off-base
*B. a purely military offense such as desertion or failure to obey orders is involved
C. the offender is civilian and employed when the nation is not at war
D. the offense takes place overseas and the offender is in foreign custody
7.26.2.1.
172. An active duty member can be subject to a court-martial for larceny in violation of Article 121 of the UCMJ and tried by a civilian court for the same offense if __________________.
*A. caught shoplifting at an off-base store
B. he or she fails to obey military orders
C. he or she shows disrespect to superiors
D. he or she deserts their position
7.26.2.1.
173. The Area Defense Counsel (ADC) program, established in 1974, made the Air Force the first service to create a totally independent defense function. ADCs are assigned to the Air Force Judiciary, which falls under the ___________ at Bolling AFB.
A. Staff Judge Advocate
*B. Air Force Legal Operations Agency
C. Judge Advocate General
D. Air Force Inspection Agency (AFIA)
7.28.2.2.
174. Although located at most major bases, the ADC works for a separate chain of command and reports only to _______________.
A. the Wing commander
B. the base commander
C. the base Staff Judge Advocate
*D. senior defense attorneys
7.28.2.2.
175. Before selection as an Area Defense Counsel (ADC), a judge advocate will be carefully screened for the proper level of ____________.
A. judgment
B. advocacy skills
C. courtroom experience
*D. all of these answers
7.28.2.4.
176. A military trial judge presides over each session of a court-martial and, like defense counsel, are assigned to the Air Force Legal Operations Agency and do not report to
A. anyone at base level
B. the base commander
C. the Wing commander
*D. all of these answers
7.28.3.
177. Court panels are normally only composed of officers senior to the accused. If the accused is enlisted and requests that enlisted members be included on the court, the panel must consist of ____________.
*A. at least one-third enlisted personnel
B. at least one-half enlisted personnel
C. enlisted personnel senior in rank to the accused
D. enlisted personnel equal or senior in rank to the accused
7.28.4.2.
178. The findings and sentence decided by a court-martial are not final until approved or disapproved by the ______________.
A. court panel members
B. accused person's commander
*C. convening authority
D. Air Force Legal Operations Agency
7.29.1.
179. The findings and sentence decided by a court-martial are not final until approved or disapproved by the convening authority. The convening authority has the discretion to
A. set aside any finding of guilty
B. either dismiss any or all charges against an accused or direct a rehearing on them
C. reduce a finding of guilty to a charged offense to guilty of a lesser-included offense
*D. all of these answers
7.29.1.1.
180. After the court martial and the convening authority’s approval of the sentence, is appellate review. The type of appellate review depends upon
*A. the adjudged and approved sentence
B. the type of court martial convened
C. the rank of the accused
D. the rank of the accuser
7.29.2.
181. Unless appellate review is waived by an appellant, the Air Force Court of Criminal Appeals (AFCCA) automatically reviews all cases involving a sentence that includes __________.
*A. death, punitive discharge, or confinement for 1 year or more
B. confinement of less than 1 year
C. reassignment
D. reduction in rank
7.29.2.2.
182. The Air Force Court of Criminal Appeals (AFCCA) reviews a case for legal error and determines if the record of trial supports both the findings and sentence as approved by the convening authority. The AFCCA has the power to
A. dismiss the case or change a finding of guilty to one of not guilty
B. change a finding of not guilty to one of guilty
C. reduce the sentence or order a rehearing
*D. both A and C
7.29.2.3.
183. If the Air Force Court of Criminal Appeals (AFCCA) rules against the appellant, he or she may request review by the ____________.
A. US Supreme Court
*B. US Court of Appeals for the Armed Forces (USCAAF)
C. The Judge Advocate General
D. Air Force Office of Special Investigations
7.29.2.4.
184. If the Air Force Court of Criminal Appeals (AFCCA) rules against the appellant, he or she may request review by the US Court of Appeals for the Armed Forces (USCAAF). If relief is not granted by the USCAAF, the appellant may petition the __________ for further review.
*A. Supreme Court of the United States
B. Air Force Uniform Board
C. Judge Advocate General
D. Air Force Office of Special Investigations
7.29.2.4.
185. The Secretary of the Air Force (SECAF) automatically reviews court martial cases involving
A. the compromise of top secret information
B. international incidents of rape or murder
*C. dismissal of an Air Force officer or cadet
D. both A and B
7.29.2.5.
186. If the court martial sentence extends to death, the individual cannot be put to death until the __________ approves this part of the sentence.
*A. President
B. Secretary of Defense
C. US Supreme Court
D. Judge Advocate General
7.29.2.6.
187. The President has clemency powers over all courts-martial cases and may commute, remit, or suspend any portion of the sentence. However, the President may not suspend the part of the sentence that provides for
A. demotion
*B. death
C. loss of security clearance
D. confinement
7.29.2.6.
188. Article 85 of the UCMJ, desertion, may occur under the following situations:
A. unauthorized absence with the intent to remain away permanently
B. quitting the unit or place of duty to avoid hazardous duty or shirk important service
C. desertion by an officer before notice of acceptance of resignation
*D. all of these answers
7.30.1.1.1.
189. Desertion is a serious offense but the punishment becomes more severe if
A. the desertion is terminated by apprehension instead of voluntary surrender
B. the deserter returns to duty voluntarily
C. the desertion occurs in wartime
*D. both A and C
7.30.1.1.1.
190. Desertion is a serious offense. During wartime, desertion may be charged as a capital offense which authorizes a court martial sentence of
A. confinement for up to 1 year
B. loss of security clearance
*C. death
D. reduction in rank
7.30.1.1.1.
191. Which of these factors are considered when trying to prove intent in desertion cases?
A. length of absence
B. distance from duty station
C. disposal of military identification
*D. all of these answers
7.30.1.1.2.
192. Article 86 of the UCMJ, Absent without Leave (AWOL) addresses cases where the member is not at the place where he or she is required to be at a prescribed time. This includes
A. failure to go to the appointed place of duty
B. absence with intent to avoid maneuvers or field exercises
C. absences when the accused did not know he or she was required to be somewhere at a certain time
*D. both A and B
7.30.1.2.2.
193. ______________ states that missing a movement is an offense that applies when the member, through neglect or design, misses the movement of a ship, aircraft, or unit.
A. Article 85 of the UCMJ
B. Article 86 of the UCMJ
*C. Article 87 of the UCMJ
D. Article 107 of the UCMJ
7.30.1.2.5.
194. Falsely listing a person as one’s dependent to gain base privileges is a violation of Article 107 and an example of _____________.
A. desertion
B. being AWOL
*C. making a false official statement
D. missing an official movement
7.30.2.
195. ________________ covers both the making and signing of false official statements and official documents.
A. Article 85 of the UCMJ
B. Article 86 of the UCMJ
C. Article 87 of the UCMJ
*D. Article 107 of the UCMJ
7.30.2.
196. Which Article of the UCMJ addresses unspecified offenses punishable because of their effect on the Armed Forces and provides for those offenses not specifically mentioned elsewhere in the punitive articles of the UCMJ?
A. Article 107 of the UCMJ
*B. Article 134 of the UCMJ
C. Article 86 of the UCMJ
D. Article 87 of the UCMJ
7.30.3.
197. The General Article, Article 134, is designed to address offenses not specifically mentioned elsewhere in the punitive articles of the UCMJ. A military member can be punished under Article 134 for
A. disorders and neglects that are prejudicial to good order and discipline
B. conduct of a nature to bring discredit upon the Armed Forces
C. crimes and offenses not capital
*D. all of these answers
7.30.3.
198. A military member can be punished under Article 134 for (1) Disorders and Neglects Prejudicial to Good Order and Discipline, (2) Conduct of a Nature To Bring Discredit Upon the Armed Forces, and (3) Crimes and Offenses Not Capital. Examples of Disorders and Neglects Prejudicial to Good Order and Discipline are:
*A. fraternization, impersonating an officer, gambling with a subordinate
B. failure to pay debts, indecent exposure, bigamy, adultery
C. acts not chargeable under other UCMJ articles but are federal crimes
D. all of these answers
7.30.3.1, 7.30.3.2., 7.30.3.3.
199. A member can be punished under Article 134 for (1) Disorders and Neglects Prejudicial to Good Order and Discipline, (2) Conduct of a Nature To Bring Discredit Upon the Armed Forces, and (3) Crimes and Offenses Not Capital. Examples of Conduct of a Nature To Bring Discredit Upon the Armed Forces are:
A. fraternization, impersonating an officer, gambling with a subordinate
*B. failure to pay debts, indecent exposure, adultery
C. acts not chargeable under other UCMJ articles but are federal crimes
D. all of these answers
7.30.3.2.
200. The UCMJ includes a number of offenses related to war. Two especially egregious offenses related to war are
A. failure to go to the appointed place of duty and desertion
B. insubordination and failure to obey orders or regulations
*C. misbehavior before the enemy and misconduct as a POW
D. dereliction of duty and insubordination
7.30.4.
201. Article 99 of the UCMJ, Misbehavior Before the Enemy, states that running away before the enemy and cowardly conduct are __________.
A. punishable by up to one year in confinement
B. punishable by dishonorable discharge
C. punishable by demotion
*D. capital offenses punishable by death
7.30.4.1.
202. Article 99 of the UCMJ states that running away before the enemy and cowardly conduct are capital offenses punishable by death. If the misbehavior was caused by fear, the offense is charged as
*A. “cowardly conduct”
B. “running away”
C. "insubordinate conduct"
D. "dereliction of duty"
7.30.4.1.1.
203. Article 105, Misconduct as a POW, recognizes two types of offenses arising in POW situations:
A. insubordination to a lawful captor or enemy superior commissioned officer
B. unauthorized conduct to secure favorable treatment at the expense of other prisoners
C. maltreatment of a POW by a person in a position of authority
*D. both B and C
7.30.4.2.
204. The purpose of this article is to protect all persons held as prisoners, whether military or civilian and regardless of their nationality.
*A. Article 105, Misconduct as a POW
B. Article 134, General Article
C. Article 86, Absent Without Leave (AWOL)
D. Article 87, Missing Movement
7.30.4.2.
205. Insubordinate conduct may be expressed in various ways and toward different people in the military community. Insubordination is judged by
A. the means used
B. the relative relationship in the military hierarchy of the parties involved
C. witness statements
*D. both A and B
7.30.5.1.
206. Which article of the UCMJ prohibits disrespectful acts or language used toward a superior commissioned officer in his or her capacity as an officer or as a private individual?
*A. Article 89
B. Article 90
C. Article 91
D. Article 92
7.30.5.2.
207. Article 89, UCMJ, prohibits disrespectful acts or language used toward a superior commissioned officer. Disrespect may include
A. neglecting to salute
B. showing a marked disdain, indifference, insolence, or impertinence
C. undue familiarity or rudeness
*D. all of these answers
7.30.5.2.
208. Article 89 prohibits disrespectful acts or language toward a commissioned officer. Disrespect may include neglecting to salute, indifference, insolence, undue familiarity, or other rudeness toward an officer. ____________ is no defense.
A. Ignorance
B. A claim of innocence
*C. Truth
D. Mutual acceptance
7.30.5.2.
209. Article 89 prohibits disrespectful acts toward a superior commissioned officer. Article 91 prohibits insubordinate conduct toward a warrant officer, NCO, or petty officer. What is the difference in how Article 91 is applied?
A. insubordinate conduct toward an NCO must occur while performing his or her duties
B. only enlisted members can be charged with insubordinate conduct toward an NCO
C. violation of Article 91 does not require a superior-subordinate relationship
*D. all of these answers
7.30.5.3.
210. Which article of the UCMJ prohibits insubordinate conduct toward a warrant officer, NCO, or petty officer?
A. Article 89
B. Article 90
*C. Article 91
D. Article 92
7.30.5.3.
211. Which article of the UCMJ prohibits assaults and batteries against superior commissioned officers in the execution of their duties?
A. Article 89
*B. Article 90
C. Article 91
D. Article 92
7.30.5.4.
212. Article 90 of the UCMJ has two elements which prohibit:
A. (1) gambling with subordinates and (2) fraternization
B. (1) assaults and batteries against commissioned officers
C. (2) the intentional disobedience of an officer's orders
*D. both B and C
7.30.5.4. and 7.30.6.1.
213. Article 92, Failure to Obey Orders or Regulations, states that members are subject to court-martial if they
A. violate or fail to obey any lawful general order or regulation
B. have knowledge of a lawful order issued by a member of the Armed Forces, which is their duty to obey, and fail to obey the order
C. are derelict in the performance of their duties
*D. all of these answers
7.30.6.2.
214. Which article of the UCMJ states that members are subject to court-martial if they (1) violate or fail to obey any lawful general order or regulation; (2) having knowledge of a lawful order issued by a member of the Armed Forces, which is their duty to obey, fail to obey the order; or (3) are derelict in the performance of their duties?
A. Article 89
B. Article 90
C. Article 91
*D. Article 92
7.30.6.2.