Legalman Accession Course Exam II

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Questions and Answers

Who cannot be tried by Summary Courts-Martial?

  • Commissioned Officers
  • Warrant Officers
  • Cadets
  • All of the above (correct)

Records of trial over _____ will be divided into different volumes.

250 pages

The court reporter may interrupt court proceedings for which of the following reasons?

  • Cannot hear speakers
  • Equipment malfunction
  • All of the answers provided (correct)
  • There is noise interfering with recording

What 2 documents are IMMEDIATELY completed after an accused is found guilty and sentenced to confinement?

<p>The Record of Trial and the Verification of Sentences</p> Signup and view all the answers

When a member is found guilty at a court-martial, when is their Good Conduct Medal eligibility restarted?

<p>Day after date of last offense.</p> Signup and view all the answers

What can a Convening Authority do in his/her action? (Select all that apply)

<p>All of the above. (D)</p> Signup and view all the answers

Who can approve a court-martial sentence?

<p>Convening Authority (CA)</p> Signup and view all the answers

The accused has how many days after sentencing at a summary court-martial to submit matters?

<p>Within 5 days.</p> Signup and view all the answers

True or false: The accused, no matter what type of assigned duty, can refuse Summary Courts-Martial.

<p>True (A)</p> Signup and view all the answers

What is the proper seating arrangement in a members trial?

<p>The senior member will be seated in the center; the remaining members will be alternated to the senior member's right and left, according to rank.</p> Signup and view all the answers

Where are the photos marked when marking photos as exhibits?

<p>On the back.</p> Signup and view all the answers

Which of the following actions must be taken prior to the referral of charges to a court-martial? (Select all that apply)

<p>Notification of the accused (A), Investigation of the charges (B), Approval from the commanding officer (D)</p> Signup and view all the answers

How many members are required for a special court-martial order?

<p>Four</p> Signup and view all the answers

How many total years of active/reserve military service must a member have to elect to have his/her case heard by an administrative board?

<p>6 years</p> Signup and view all the answers

Which of the following is an appropriate composition of an Administrative Separation Board for an active duty service member with a pay grade of E-5?

<p>O4, O2 and E8 (A)</p> Signup and view all the answers

If one of the members of an Administrative Separation Board is challenged, who decides if the member is retained on the Board?

<p>Convening Authority</p> Signup and view all the answers

In what publication would you find all the forms and detailed instructions on how to administratively separate an enlisted member from the U.S. Navy?

<p>Publication contains forms and instructions</p> Signup and view all the answers

How are appellate exhibits marked?

<p>Roman numerals (I, II, III) (B), Alphabet (A, B, C) (C)</p> Signup and view all the answers

Who is responsible for submitting a Letter of Deficiency after the Administrative Separation Board is complete?

<p>Counsel for the Respondent</p> Signup and view all the answers

A psychiatrist determines that a member undergoing evaluation for suicide gesture is a harm to himself/herself or others.

<p>True (A)</p> Signup and view all the answers

Who authenticates the record of proceedings of an administrative board?

<p>Senior Member of the Board</p> Signup and view all the answers

Which of the following reasons falls under the category for mandatory processing?

<p>Personality disorder (A), Physical/Mental Condition (B), Alcohol rehabilitation failure (C), Pattern of misconduct (D)</p> Signup and view all the answers

Civilian witnesses may be subpoenaed to testify at an administrative board.

<p>True (A)</p> Signup and view all the answers

Which of the following reasons for processing for administrative separation requires a Page 13, Administrative Counseling and Warning?

<p>All of the above (D)</p> Signup and view all the answers

What is Part V of the charge sheet used for?

<p>To document findings and provide a basis for decision-making during disciplinary actions.</p> Signup and view all the answers

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Study Notes

Exam Overview

  • User: Felicia Roddey
  • Course: Legalman Accession Course 24010
  • Test: LNA Phase I Exam II
  • Attempt Score: 82 out of 100 points
  • Time Elapsed: 43 minutes out of a possible 60

Court-Martial and Good Conduct

  • Good Conduct Medal eligibility can be affected by court-martial findings.
  • Eligibility for the medal is generally restarted following the date of the last offense.

Convening Authority Actions

  • A Convening Authority (CA) has multiple powers including:
    • Approving or disapproving sentences.
    • Mitigating, remitting, or suspending all or part of a sentence.
    • Actions taken by CA can influence the court-martial process significantly.

Approval of Court-Martial Sentences

  • Only specified authorities can approve a court-martial sentence:
    • Convening Authority (CA)
    • Military Judge (MJ)
    • Trial Counsel (TC)
    • Commanding Officer (CO)

Submission of Matters Post-Sentencing

  • An accused has specific days to submit matters after sentencing at a summary court-martial.
  • Incorrectly selected timeframe for submission affected understanding:
    • Correct time is typically within 10 working days post-sentencing.

Summary Courts-Martial Rights

  • Accused individuals maintain the right to refuse Summary Courts-Martial, irrespective of duty assignment.
  • This fundamental right ensures protections during military judicial proceedings.

Court-Martial Structure

  • Understanding of who cannot be tried by Summary Courts-Martial includes protections for certain categories of servicemembers.### Correction and Procedures
  • Court reporters may interrupt proceedings for certain reasons.
  • Proper records of trials will be divided into different volumes.
  • Essential documents are finalized immediately after a defendant is found guilty and sentenced.

Officer Categories

  • Commissioned officers and warrant officers are essential entities within the military or enforcement agencies.
  • Cadets or midshipmen complete initial training before becoming officers.

Courtroom Interruptions

  • Interruption reasons include inability to hear speakers, interference from noise, and equipment malfunction.
  • Accurate recording of proceedings is vital for legal integrity.

Post-Guilty Verdict Documentation

  • Documents created after a guilty verdict include the Statement of Trial Result and Confinement Order.
  • Report of Result of Trial and Convening Order is also necessary to maintain trial integrity.

Seating Arrangements

  • Proper seating in a members' trial is crucial to maintain order and hierarchy in the courtroom setting.### Seating Arrangements
  • Senior member is seated in the center of the arrangement.
  • Remaining members alternate seating on the right and left of the senior member based on rank.
  • Seating arrangement is determined by the senior member's decision.

Marking Photographs as Exhibits

  • Photos are marked during exhibitions.
  • The correct location for marking is on the back of the photographs.
  • Marking ensures proper identification and organization during displays.

Referral of Charges to Court-Martial

  • A Convening Order must be signed before charges can be referred to a court-martial.
  • Article 32 hearing is a critical step in military legal proceedings when charges are assessed.
  • Arrangements include ensuring proper scheduling of hearings and signatory requirements of the Convening Order.

Appellate Exhibits

  • The document does not detail specific methods for marking appellate exhibits.
  • Understanding of procedures surrounding appellate exhibits is important for legal compliance.
  • Clear identification and marking processes are essential in maintaining a proper legal record.

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