Military Military Law 5 — Questions and Answers
Question 1: Under the UCMJ, sexual assault in the military is primarily governed by which article?
- Article 119
- Article 120 (Correct answer)
- Article 121
- Article 125
Correct answer: Article 120
Article 120 of the UCMJ covers sexual assault, rape, and related sexual offenses in the military.
Question 2: What is the role of the Trial Counsel in a court-martial proceeding?
- Defense attorney for the accused
- Military prosecutor (Correct answer)
- Presiding judge
- Convening authority
Correct answer: Military prosecutor
Trial Counsel is the military prosecutor who presents the government's case against the accused at court-martial.
Question 3: Which Military Rule of Evidence governs the exclusion of unlawfully obtained evidence in courts-martial?
- MRE 301
- MRE 311 (Correct answer)
- MRE 404
- MRE 503
Correct answer: MRE 311
MRE 311 is the military exclusionary rule that suppresses evidence obtained in violation of the Constitution or UCMJ.
Question 4: A servicemember convicted at a special court-martial may receive a maximum sentence that includes which of the following?
- Death penalty
- Dishonorable discharge
- Bad-conduct discharge (Correct answer)
- Confinement for 5 years
Correct answer: Bad-conduct discharge
A special court-martial may impose a bad-conduct discharge but cannot impose a dishonorable discharge or the death penalty.
Question 5: What is the legal term for an agreement in which an accused servicemember pleads guilty in exchange for a sentencing cap?
- Plea bargain
- Pretrial agreement (Correct answer)
- Alford plea
- Consent decree
Correct answer: Pretrial agreement
In military law, a pretrial agreement (PTA) allows an accused to plead guilty in exchange for a limitation on punishment.
Question 6: Which UCMJ article is known as the 'general article' and covers offenses not specifically listed elsewhere?
- Article 132
- Article 133
- Article 134 (Correct answer)
- Article 135
Correct answer: Article 134
Article 134 is the 'general article' that prohibits conduct prejudicial to good order and discipline or service-discrediting acts.
Question 7: Under the Uniform Code of Military Justice, which official has the authority to convene a general court-martial?
- Any commissioned officer
- The commanding general or equivalent senior officer (Correct answer)
- The Judge Advocate General
- The Secretary of Defense only
Correct answer: The commanding general or equivalent senior officer
General courts-martial may only be convened by a commanding general or officer of equivalent authority designated by law.
Military Military Law 5
Under the UCMJ, sexual assault in the military is primarily governed by which article?