Lesson 1

Practice Exercise

Instructions The following items will test your understanding of the material covered in this lesson. There is only one correct answer for each item. When you have completed the exercise, check your answers with the answer key that follows. If you answer any item incorrectly, review that part of the lesson which contains the portion involved.
1. The Assimilative Crimes Act:

A. adopts as state law the criminal laws of the post.
B. allows state courts to obtain jurisdiction over military posts.
C. adopts as federal law the criminal law of the surrounding state.
D. allows federal courts to obtain jurisdiction over state territory.
2. O'Callahan v. Parker limited court-martial jurisdiction, in that:

A. it created the probability test.
B. it required the military to show a service-connection before it had court-martial jurisdiction.
C. it allows military jurisdiction only in cases involving purely military offenses.
D. it declared several parts of the UCMJ to be void and not enforceable.
3. At present, the Constitution, UCMJ, and Manual for Courts-Martial represent:

A. sources of military authority.
B. civil affairs.
C. martial laws.
D. the law of war.
4. Based on the double jeopardy prohibition, a person cannot be tried twice for the same crime in:

A. a state court and in a military court (court-martial).
B. a state court and federal court.
C. a federal court and a military court (court-martial).
D. all of the above.
5. Military jurisdiction is unique, because:

A. it may follow the person outside the territorial boundaries of a post.
B. it is limited by territorial boundaries.
C. it only operates in time of war.
D. it does not apply overseas.
6. As a result of the Supremacy Clause of the U.S. Constitution, the federal government has the right to carry out federal function without interference by the state under:

A. exclusive jurisdiction areas.
B. concurrent jurisdiction areas.
C. proprietary jurisdiction areas.
D. all of the above.
7. Fraud against the United States is an example of a crime which:

A. does not apply to persons in the military.
B. applies nationally.
C. state police authorities will investigate.
D. does not apply to DA civilian employees.
8. The Posse Comitatus Act forbids:

A. use of military helicopters and pilots to search off-post woods for a prisoner who has escaped from the custody of the local civilian sheriff.
B. use of MPs to direct traffic for a military convoy.
C. use of CID agents to investigate a case of fraud, committed by a soldier off-post.
D. use of military personnel to train civilian police in the use of our new polygraph equipment which we have loaned to them.
9. An angry wife shoots and kills her service member husband in their on-post quarters located n an area of concurrent jurisdiction on Fort McRucker, Alabama. She can be brought to trial for murder:

A. in a military court-martial.
B. in the U.S. Magistrate's Court.
C. in the federal district court for the area and in the Alabama state court.
D. only in the Alabama state court.
10. The authority of MPs to enforce law, orders and regulations comes mainly from the:

A. Constitution of the United States and the UCMJ.
B. Provost marshal general.
C. Commandant of the military police school.
D. Declaration of Independence.
11. Which of the following individuals would be subject to the UCMJ?

A. an active duty Marine.
B. an Air Force Academy cadet.
C. an Army Reservist on active duty for training (2 weeks).
D. all of the above.
12. Civilians violating traffic laws on a military post under exclusive or concurrent jurisdiction may be:

A. tried before a military judge under the UCMJ.
B. tried before a U.S. Magistrate under the Assimilative Crimes Act.
C. given nonjudicial punishment under Article 15, UCMJ.
D. given a verbal warning only, since the military has no jurisdiction over civilians.
13. Anniston Annie, a local civilian, has committed a series of minor crimes on Ft. McClellan. What action can be taken against her?

A. She can be barred from post through a letter from the post commander.
B. She can be tried before a military judge under the UCMJ, or given an Article 15, in the discretion of the post commander.
C. Nothing, the military has no jurisdiction over her.
D. None of the above.
14. You have apprehended a juvenile on Fort Blank, for the crime of attempted murder. Fort Blank is under exclusive federal jurisdiction. Which of the following is true?

A. He can be tried for murder before the U.S. Magistrate's Court, since he is a civilian.
B. The only thing you can do is bar him from post or release him to his parents, since he is a juvenile.
C. He can be prosecuted by the military, since he has committed a felony on a military installation.
D. He can be apprehended and turned over to the federal civil authorities for possible prosecution.
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