Help
Options
Didn't know it?
click below
click below
Knew it?
click below
click below
Don't Know
Remaining cards (0)
Know
retry
shuffle
restart
0:00
Embed Code - If you would like this activity on your web page, copy the script below and paste it into your web page.
Normal Size Small Size show me how
Normal Size Small Size show me how
LW403 TEE
| Term | Definition |
|---|---|
| To be criminal, what 2 things need to be blamed? | 1) the act 2) the state of mind |
| What is specific-intent crime? | Requires proof that the accused intended the outcome; must prove specific mental state |
| What is general-intent crime? | Does not require proof of a type of guilty mind |
| What is criminal negligence? | omission to do something which a reasonable person would do |
| Standard for criminal findings | proof beyond a reasonable doubt |
| What are the reasons for establishing the UCMJ? | 1) military responsibilities and decisions 2) mil operations not confined to US soil |
| What constitutional foundation does the UCMJ have? | Art 1. Section 8 |
| What are courts-martial? | Military criminal trials |
| What governs courts-martials? | UCMJ, RCM (rules for courts-martials), and MREs (military rules of evidence) |
| Summary Court-Martial | one officer as summary court-martial officer; not right to counsel; handle minor offenses |
| Special Court-Martial | mil judge, 4 members (jurors), trial counsel, and defense counsel; 3 possible max punishments |
| General Court-Martial | most serious offenses; mil judge, 8 members, trial counsel, and defense counsel |
| What is the courts-martial process? | 1) crime reported 2) investigation 3) decision for initial disposition 4) preferral of charges 5) served preferred charges 6) forwarding charges 7) conduct an Art 32 prelim hearing 8) referral to court-martial |
| United States v. Floyd | F: soldier solicits two minors, "inflam. language" I: whether preferral was appropriate given lack of evidence R: Art 80/120b A: accuser said defendant said something they didn't; actual words matter; undisputed lack of evidence C: improper preferral |
| What are the stages of court-martials? | Arraignment, motions practice, merits, & presentencing |
| What is arraignment? | court formally informs accused of charges against them & asks for plea & if they want panel or only judge |
| What is motions practice? | parties present arguments regarding evidence or procedural issues |
| What is panel selection? | potential panel members are interviewed and selected |
| What is merits? | Evidence presented by defense (think like criminal trial) - opening statements, presents evidence, closing arguments, deliberation, & factfinder's findings |
| What is presentencing? | Presents matters in aggravation / extenuations & mitigation to shift punishment rulings |
| What is Unlawful Command Influence (UCI) | actions that attempt to subvert the legitimate military justice process or give appearance of doing so |
| Legal source for UCI? | Art 37, UCMJ |
| What is the standard of the appearance of UCI? | an objective observer would harbor significant doubt about fairness of proceedings |
| What is accusatory UCI? | someone responsible for bringing or handling charges takes specific actions due to external pressure |
| What is adjudicative UCI? | unlawful interference with witnesses, judges, members, and counsel |
| Who can commit UCI? | Anyone subject to the UCMJ |
| US v. Gleason | F: plans to commit murder / frame other soldier I: whether UCI was committed by BC R: Art 37 A: yes UCI, lack of witnesses stepping forward, evidence not so overwhelming if there were witnesses to raise reasonable suspicion C: conviction reversed |
| US v. Gerlich | F: drunk & disorderly conduct; NCO/Off UCI by witness tampering I: whether UCI occurred and impacted trial fairness R: Art 37 A: directed re-investigation due to opinion on initial punishment; UCI impacted fairness of punishment sentencing C: reverse |
| What is non-judicial punishment (NJP)? | middle range of options for commander to maintain good order and discipline |
| Is an Art 15 a criminal proceeding? | No, but can affect military careers |
| Who can imposed NJP? | Commanders |
| Can Art 15 authority be limited? | Yes, superior commanders can withhold or reserve to the commander's level |
| Can NJPs utilize double punishment? | No |
| What is a formal Art 15? | is the punishment might exceed 14 days of extra duty and restriction |
| What is a summarized Art 15? | only for enlisted soldiers and max 14 days of punishment (minor misconduct) |
| Article 15 punishments | based on rank of imposing commander, rank of accused, and type of Art 15 |
| What Constitutional rights serve as basis for Art 15 proceedings? | 5th Amend |
| What is an Art 15 "turn down" | when SM demands trial by court-martial |
| US v. Pierce | F: Soldier claims right to NJP credit for prior charge I: is due-process violated when previously court-martialed R: Art 15, 5th Amend A: accused must be credited for NJP served for any court-martial to avoid double punishment C: must be given credit |
| What are types of administrative action? | Counseling Corrective training Reprimands & Admonitions Denial of pass/privileges Adverse NCOER / OER MOS reclassification Bar to continued service Admin separation from service |
| US v. McAllister | F: soldier DUI resulting in many punishments I: did all disciplinary action result in double jeopardy R: 5th Amend, Art 44 (UCMJ) A: remedial punishments, not involve sovereign power to constitute double jeopardy C: remedial vs. punitive actions |
| What is the standard for 4th Amend search & seizure | probable cause |
| Triggers of 4th Amend | government action & reasonable expectation of privacy / physical trespassing |
| What is the "Trespass Doctrine" | actual physical invasion of individual's person or property |
| Katz v. US | check notebook |
| US v. Jones | check notebook |
| Carpenter v. US | check notebook |
| What is the 4th Amend analysis flowchart? | 1) state action? 2) REP or physical trespass 3) probable cause? or exceptions? 4) valid warrant? 5) exception to warrant? |
| What is the consent exception for warrant? | individual who has authority over property may "voluntarily and knowingly" consent for police officers to search the same |
| What is the items in plain view doctrine? | seize evidence they observe in plain view |
| What is hot pursuit of suspect exception? | permits officers to pursue fleeing suspect into a home or business when there is probable cause to arrest and arrest w/o REP |
| What is search incident to arrest (SILA) exception? | officers may conduct search of arrested individuals and any areas within their immediate control incident to a lawful arrest |
| What is terry stops (stop and frisk) exception? | officers may stop an individual if they have reasonable suspicion to believe that person is involved & "frisk" a person if reasonable suspicion is armed |
| What is the automobile exception? | officer can search a vehicle during traffic stop when officer has probable cause to believe the vehicle contains evidence of a crime and vehicle is readily mobile |
| What is the warrant exceptions? | Plan View Doctrine, hot pursuit of suspect, SILA, terry stop, and automobile exception |
| What are the "suspicionless" searches? | - Boarder searches - Strip searches in jails - Airport searches - DUI checkpoints - Government drug testing - Inventory searches - Administrative inspections |
| What makes an inspection special? | cannot be carried out for the purpose of obtaining criminal evidence to use against servicemembers |
| What is if called when inspection is used to obtain evidence? | Subterfuge Rule |
| US v. Larson | see notebook |
| US v. Campbell | see notebook |
| What is the 5th Amend? | Right to Grand Jury, Double Jeopardy Clause, Self-Incrimination Clause, and Due Process Clause |
| What is the standard to waive 5th Amend rights? | "willingly, knowingly, and intelligently waive these rights" |
| What is the civilian trigger for the 5th Amend? | custodial interrogation |
| Miranda v. Arizona | see notebook |
| Stansbury v. California | see notebook |
| Rhode Island v. Innis | see notebook |
| What article encompasses 5th Amend rights for military? | Article 31(b) |
| What are the two questions under Art 31? | 1) is questioning of a subject pursuant to official LE investigation or disciplinary inquiry? 2) would reasonable person perceive questioner to be acting in official LE capacity? |
| What is the subjective belief for rights under Art 31? | is person subject to UCMJ holds a subjective belief that someone has committed a crime, Art 31 rights required before initiating an interrogation |
| What is the objective standard for rights under Art 31? | a servicemember whom military questioner believes or reasonably should believe committed an offense under the UCMJ |
| What are the exceptions to Art 31? | valid administrative or operational needs with no attempt to bypass Art 31 protections |
| What are the rights under Art 31? | 1) inform nature of accusation 2) not required to make statement against self 3) any statements can be used against them |
| What is the remedy for Art 31 violations | statements admissible in trial |
| US v. Swift | see notebook |
| US v. Ramos | see notebook |
Created by:
caitlyn.newburn