Military Military Law 4

Question 1

What is the legal standard required to convict a servicemember at a court-martial?

Accepted Answer

Beyond a reasonable doubt

Answer

Like civilian criminal courts, courts-martial require proof beyond a reasonable doubt to convict.

Question 2

Which appellate court reviews all general court-martial cases where the sentence includes a punitive discharge or more than one year of confinement?

Accepted Answer

Service Court of Criminal Appeals

Answer

Each branch's Court of Criminal Appeals (e.g., ACCA, NMCCA) automatically reviews qualifying general court-martial cases.

Question 3

Under the UCMJ, which article addresses conduct unbecoming an officer and a gentleman?

Accepted Answer

Article 133

Answer

Article 133 prohibits conduct unbecoming an officer and a gentleman, applicable only to commissioned officers.

Question 4

What is the statute of limitations for most non-capital offenses under the UCMJ?

Accepted Answer

5 years

Answer

The UCMJ generally requires that charges for non-capital offenses be preferred within five years of the offense.

Question 5

Which defense is available when a servicemember commits an offense under an order they reasonably believed to be lawful?

Accepted Answer

Obedience to orders defense

Answer

A servicemember may raise obedience to orders as a defense if they had a reasonable belief the order was lawful.

Military Practice Test