Naval Knowledge, Unit Three, Chapter Two: Discipline and Punishment
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According to the Bluejacket's Manual, there are specific reasons that punishment is imposed. Which of these is NOT one of those reasons?
To get revenge for the misdeed
To deter offenders from breaking the rules again
To encourage offenders to do their duty
To set an example
These are all reasons that punishment is imposed.
Which of the following is NOT a desired goal of the Navy in regards to discipline?
Discipline based on force.
Discipline based on respect for leaders
Discipline based on confidence in the justice system
Discipline based on fairness
Discipline based on the compulsion of moral force
What term is defined as the taking of a person into custody?
Apprehension
Arrest
Confinement
Restraint
Restriction
What term is defined as the restraint of a person by an order directing that person to remain within certain specified limits, and further restricts that person from the performance of military duties?
Arrest
Apprehension
Restriction
Confinement
Admonition
Under which form of restraint may a person still be required to perform their full military duty?
Restriction
Apprehension
Arrest
Confinement
Incarceration
Putting a person in a brig or jail, physically depriving them of their freedom, is known as what?
Confinement
Apprehension
Arrest
Restriction
Restraint
How must confinement be legally imposed?
By oral or written orders
By oral orders only
By written order only
By verbal orders from a military judge only
By written orders from a military judge only
Which of the following statements is false concerning the rights of persons under arrest or confinement?
They have the right to choose to receive nonjudicial punishment instead of a courts-martial.
They have the right to consult with a lawyer.
They have the right to have a lawyer present at any investigations.
They have a right to retain their own lawyer at their own expense.
They have a right to have a lawyer appointed for them without cost.
Who fills out the Report and Disposition of Offenses Slip to report misconduct committed by enlisted personnel?
Any commissioned officer or petty officer.
The Commanding Officer only
The Master Chief Petty Officer only
The Legal Officer only
Master at Arms personnel only
What does the charge portion of the Report and Disposition of Offenses Slip indicate?
The article of the UCMJ the accused is alleged to have violated.
The specific facts and circumstances involved with the violation.
The article of Naval Regulations the accused is thought to have violated.
Who has the responsibility to check to ensure that the charges and specifications included on a Report and Disposition of Offenses Slip are correct?
The Executive Officer
The Legal Officer
The Commanding Officer
The Officer or Petty Officer making the report
The lawyer of the accused.
If an investigating officer looks into a charge against a sailor and determines that a court-martial is not warranted, what generally happens.
The facts are reported to the XO and the accused is scheduled for NJP.
The charges and specifications are dropped
The accused is given a verbal warning and released
The accused is given a written warning and released
The investigating officer assigns a number of work details to the accused.
What is the name given to the informal investigation conducted for the purpose of determining whether or not an offense chargeable under the UCMJ has been committed?
Preliminary Inquiry
Charge Sheet Investigation
The Report and Disposition of Offenses Slip
Captains Mast
Summary Court-Martial
What officer generally conducts the screening mast?
The Executive Officer
The Commanding Officer
The local Judge Advocate General
The Command Duty Officer
The Officer of the Deck
Circumstances that might tend to provide some plausible reason for an offense that has been committed or lessen the punishment imposed are know as what?
Facts in mitigation or extenuation.
Extemporaneous facts.
Details of Offenses.
Charges and specifications.
Articles for consideration.
What is the least of the possible punishments that an accused might get if the preliminary inquiry determines that grounds exist to forward a charge sheet for captain's mast?
Informal oral or written rebukes.
Formal oral or written rebukes.
Forfeiture of pay
Restriction
Confinement
Under what circumstances can NJP authority be delegated by a Commanding Officer?
All of the listed exceptions are correct.
When the CO is a general
When the CO is a Flag Officer
When the CO exercises general court-martial jurisdiction
This authority cannot be delegated.
What is considered to be the cornerstone of the whole structure of naval justice and discipline?
The Captain's Mast
The Preliminary Inquiry
The Screening Mast
The Executive Officer's Inquiry
The Courts-Martial
What is the principal that determines whether minor crimes are handled at captain's mast or go on to a court-martial?
Whether there was a deliberate violation of instructions, orders, or regulations.
Whether there was a specific neglect of duty.
The dollar amount involved in the offense.
Whether personal injury resulted during the commission of the offence.
The media attention that resulted form the offense.
Which of the following punishments is NOT one a Commanding Officer could give an enlisted member at a Captain's Mast?
Sixty days restriction.
Confinement on bread and water for 3 days.
Fine of one-half pay for two months.
Correctional custody for thirty days.
Reduction in pay grade to the next lower level.
Which of the following is an authorized action in a screening mast?
Dismissing of the charges
Reduction in rank by two pay grades
Restriction for 30 days
Confinement for up to three days on bread and water
The Commanding Officer may elect to forward the case on to a court-martial
Which of the following is an example of someone "being in hack"?
An officer placed under arrest in quarters.
An officer placed in confinement in a brig.
An enlisted member under arrest in quarters.
An enlisted member placed in confinement in a brig for three days on rations of only bread and water.
An officer placed on restriction and not allowed to leave the ship.
Service members may appeal punishment awarded at a Captain's Mast to the commanding Officer's superior authority. Which of the following would be possible actions by that senior?
The punishment could be modified or set aside.
The punishment could be modified or increased.
The punishment could be set aside or increased.
The punishment could be modified or a different punishment awarded.
The punishment could be set aside or a different punishment awarded.
When comparing the severity of a type of courts-martial, what does the word 'severity' refer to?
The degree of punishment that can be awarded by the courts-martial.
The rank of the members running the courts-martial.
The degree of seriousness of the charges.
The rank or rate of the individual being tried.
How long the courts-martial is scheduled to take.
Which type of legal action below is only taken against enlisted members?
Who draws up the convening order for a Special Court-Martial and what is the minimum number of members who make up the court-martial?
The Commanding Officer, Three
The Executive Officer, Three
The Commanding Officer, Five
The Executive Officer, Five
The Judge Advocate General, Three
In the case of a one-person Special Court-Martial, who sits as the judge?
A military judge
The Senior Officer on the Court-Martial
The Senior Enlisted Member on the Court-Martial
The Commanding Officer
The Executive Officer
If a military judge is assigned as the president of a special courts-martial, which of the following statements is true?
He or she is not considered a member of the court and does not vote.
He or she must be the senior member of the court.
He or she must be assigned to the accused's defense team.
He or she casts the tie-breaking vote in the event the courts-martial members deadlock
He or she has sole responsibility for the conduct of the trail.
What type of challenge can be made one time by an accused at a special court-martial where the court member challenged will be dismissed from court duties by the president?
A peremptory challenge
A challenge "for cause"
An impromptu challenge
An immediate challenge
A prescribed challenge
In most cases, convictions and sentences at a special courts-martial require what type of a majority?
Two thirds
Three quarters
One hundred percent
Simple
Fifty one percent or greater.
What is the maximum type of discharge that can be awarded at a special court-martial?
A Bad Conduct Discharge
A Dishonorable Discharge
An Honorable Discharge
A Good Of The Service Discharge
A General Discharge
Which of the following is NOT a legal punishment that could be awarded at a special courts-martial?
Hard labor without confinement for six months.
A Bad Conduct Discharge.
Confinement for three months
Forfeiture of two-thirds pay per month for three months
Detention of two-thirds pay per month for three months.
Which of the following is NOT one of the people who could convene a general court-martial?
A Squadron Commanding Officer
The President
Any General officer
Any Flag officer
The Commanding Officer of a Naval Station
Outside of the special case of a one-person General Court-Martial, what is the required minimum number of persons serving on a General Court-Martial?
Six
Five
Three
Seven
Twelve
When could a civilian be tried by a General Court-Martial?
If martial law has been declared.
Civilians cannot be tired under the system of military justice.
If the civilian commits a crime onboard a military installation.
If a civilian commits a crime onboard a military ship or aircraft.
If a civilian commits a crime against a military member stationed outside of the limits of the United States.
The death penalty can be given by a General Court-Martial for all of the following acts EXCEPT:
What is the major difference between the military and civilian justice systems in regards to a convicted person's right to appeal?
Appeal of a court-martial conviction is automatic. Civilians must show reasonable grounds for appeal.
Appeal of a conviction within the military court system is free where it is not in the civilian court system.
Appeal of a conviction within the military court system requires reasonable grounds where it does not in the civilian court system.
Appeals of court-martial convictions are not allowed.
Only officers may appeal their convictions to higher authority.
When a court-martial results in the acquittal of the accused, what options does the convening authority have in regards to the sentence?
He or she has none.
He or she can reduce the sentence, but not increase it.
He or she can increase the sentence within prescribed limits.
He or she can order the case to be retried.
He or she can order a review of the case by another court.
What determines whether the findings of a special court-martial would be automatically reviewed by the Office of the Judge Advocate General of the Navy?
If a Bad Conduct Discharge was awarded.
If confinement of more than three months was awarded.
If hard labor in excess of two months was awarded.
All special court-martial convictions are automatically reviewed by the Office of the Judge Advocate General of the Navy.
This office only reviews the decisions of General Courts-Martial, not Special.
Which of the following would NOT be a cause for an automatic review of a court-martial sentence by the Court of Military Review?
Terrorism conviction
Death penalty sentence
Dismissal of an officer
Bad Conduct Discharge
Confinement for more than one year.
What body is known as the "Supreme Court" of military justice?
The Court of Military Appeals
The Court of Military Review
The U.S. Supreme Court
The Office of the Judge Advocate General of the Navy
The Convening Authority
What type of discharge can only be awarded by a General Court-Martial?