Military Military Law 3 — Questions and Answers
Question 1: What is the purpose of an Article 32 investigation under the UCMJ?
- To impose non-judicial punishment
- To serve as a preliminary hearing before general court-martial (Correct answer)
- To review a conviction on appeal
- To investigate Inspector General complaints
Correct answer: To serve as a preliminary hearing before general court-martial
An Article 32 hearing is a preliminary investigation that must occur before referral to a general court-martial.
Question 2: Which UCMJ article makes it an offense to behave with disrespect toward the President of the United States?
- Article 86
- Article 87
- Article 88 (Correct answer)
- Article 89
Correct answer: Article 88
Article 88 prohibits commissioned officers from using contemptuous words toward the President and other senior officials.
Question 3: Under UCMJ Article 31, a military suspect must be advised of which right before questioning?
- Right to a speedy trial
- Right to remain silent (Correct answer)
- Right to bail
- Right to a civilian jury
Correct answer: Right to remain silent
Article 31 requires that suspects be advised of their right to remain silent before any interrogation.
Question 4: A general court-martial must include at least how many panel members when the death penalty is NOT sought?
- 3
- 5 (Correct answer)
- 8
- 12
Correct answer: 5
A general court-martial requires a minimum of five panel members when the death penalty is not at issue.
Question 5: Which military justice action allows a commanding officer to dismiss charges without further proceedings?
- Nolle prosequi
- Disposition authority
- Article 15 waiver
- Withdrawal of charges (Correct answer)
Correct answer: Withdrawal of charges
A convening authority may withdraw charges at any time before findings are announced, ending proceedings.
Question 6: What document authorizes the convening of a court-martial and specifies the charges to be tried?
- Convening order
- Referral order (Correct answer)
- Special order
- General order
Correct answer: Referral order
A referral order (also called a convening authority's referral) formally directs charges to trial by court-martial.
Question 7: Under which circumstance may a servicemember waive their right to a trial by panel and elect trial by military judge alone?
- Only in summary courts-martial
- In special and general courts-martial (Correct answer)
- Only when the charge is a misdemeanor
- Never — panel trial is mandatory
Correct answer: In special and general courts-martial
In both special and general courts-martial, the accused may elect to be tried by the military judge alone.
Military Military Law 3
What is the purpose of an Article 32 investigation under the UCMJ?