FMF FMF - Fleet Marine Force Marine Corps Law and Military Justice 2 — Questions and Answers
Question 1: What document implements the UCMJ and provides rules for courts-martial procedures?
- Manual for Courts-Martial (MCM) (Correct answer)
- Marine Corps Order 5800.16
- NAVMC 2691
- JAG Manual
Correct answer: Manual for Courts-Martial (MCM)
The Manual for Courts-Martial (MCM) is the official guide implementing the UCMJ and governing courts-martial procedures.
Question 2: What rights must be read to a suspect before custodial interrogation under military law?
- Article 31 rights (Correct answer)
- Miranda rights only
- Fifth Amendment rights only
- Geneva Convention protections
Correct 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.
Question 3: Which UCMJ article covers desertion, which differs from AWOL in requiring intent to remain away permanently?
- Article 85 (Correct answer)
- Article 86
- Article 87
- Article 88
Correct answer: Article 85
Article 85 covers desertion, which requires proof of intent to remain away permanently or avoid hazardous duty, unlike simple AWOL.
Question 4: In a court-martial, what is the role of the Trial Counsel?
- Acts as the military prosecutor (Correct answer)
- Defends the accused
- Presides as the judge
- Advises the convening authority
Correct answer: Acts as the military prosecutor
Trial Counsel serves as the government's prosecutor, presenting evidence and arguments to establish guilt.
Question 5: What is the maximum punishment that can be imposed at a Summary Court-Martial for an enlisted member?
- Confinement for 30 days (Correct answer)
- Confinement for 6 months
- Confinement for 1 year
- Dishonorable discharge
Correct 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.
Question 6: Under military law, what is a 'lawful order' that a Marine must obey?
- An order that does not require commission of a crime under domestic or international law (Correct answer)
- Any order given by a superior officer regardless of content
- Orders that are in writing only
- Orders approved by the Commandant of the Marine Corps
Correct 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.
FMF FMF - Fleet Marine Force Marine Corps Law and Military Justice 2
What document implements the UCMJ and provides rules for courts-martial procedures?