FMF - Fleet Marine Force Marine Corps Law and Military Justice Flashcards
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Read the first 6 FMF - Fleet Marine Force Marine Corps Law and Military Justice flashcards as text
What document implements the UCMJ and provides rules for courts-martial procedures?
Answer: Manual for Courts-Martial (MCM)
The Manual for Courts-Martial (MCM) is the official guide implementing the UCMJ and governing courts-martial procedures.
What rights must be read to a suspect before custodial interrogation under military law?
Answer: Article 31 rights
Article 31 of the UCMJ requires advisement of the right to remain silent and the right to counsel before any military interrogation.
Which UCMJ article covers desertion, which differs from AWOL in requiring intent to remain away permanently?
Answer: Article 85
Article 85 covers desertion, which requires proof of intent to remain away permanently or avoid hazardous duty, unlike simple AWOL.
In a court-martial, what is the role of the Trial Counsel?
Answer: Acts as the military prosecutor
Trial Counsel serves as the government's prosecutor, presenting evidence and arguments to establish guilt.
What is the maximum punishment that can be imposed at a Summary Court-Martial for an enlisted member?
Answer: Confinement for 30 days
A Summary Court-Martial may impose confinement of up to 30 days, hard labor, restriction, reduction, and forfeiture of pay.
Under military law, what is a 'lawful order' that a Marine must obey?
Answer: An order that does not require commission of a crime under domestic or international law
A lawful order is one that does not require the commission of a crime; Marines are obligated to refuse manifestly illegal orders.