Due Process
The Due Process Clause (of both the 5th and 14th Amendments) protect against deprivations of these things.
What are deprivations of Life, Liberty, and Property?
These are the three levels of review in Equal Protection law.
What are rational basis review, intermediate scrutiny, and strict scrutiny?
Name three exceptions to the 4th Amendment warrant exception.
What are exigent circumstances, search incident to arrest, consent, voluntary interaction, automobile, plain view, or stop and frisk.
Criminal offenses and their elements are generally comprised of these two components.
What are actus reus (act) and mens rea (intent)?
A commander must be on these type of orders to offer and Article 15 (Nonjudicial Punishment).
What is G series orders?
These two things are required to satisfy minimum due process.
What are notice and a hearing?
This is the test to satisfy strict scrutiny.
What are 1) a narrowly tailored policy; and 2) the policy achieves a compelling state interest?
This is the test to determine when Miranda rights must be read.
What are: 1. Custody and 2. Interrogation
Name one uniquely military crime we studied in class and provide the correct UCMJ article for that offense.
What is failure to go (Article 86); desertion (Article 85); contempt toward officials (Article 88); disrespect to a superior officer (Article 89); failure to obey (Article 92); false official statement (Article 107); conduct unbecoming (Article 133); the general article (Article 134)
These are the five core targeting principles of jus in bello.
What are Distinction, Military Necessity, Proportionality, Unnecessary Suffering, and Chivalry?
This type of deprivation is involved when a person's good name, reputation, honor or integrity is at stake.
What is Liberty?
This case was the first to consider a race specific government policy in the context of national security.
What is Korematsu v. United States?
This is the required purpose of a military inspection.
What is the security, military fitness (readiness), or GOAD of the unit, Morale, welfare, and health of the unit?
This is the difference between intent to be Absent Without Leave (AWOL) and intent to desert.
What is intent to return (AWOL) vs. intent to remain away permanently (desertion)?
Name the three administrative discharges that a service member can receive.
What is honorable, general, and under other than honorable conditions (UOTHC)?
More than this level of deprivation is required in order to require minimum due process.
What is de minimus?
This was the discriminating category (the "basis" of discrimination) at stake in the Murgia case.
What is age?
Article 31 rights must be read when the questioner is acting in either of these two capacities.
What is an official law enforcement or disciplinary capacity?
What is culpable negligence (disregard for the foreseeable consequences of your actions) and simple negligence (not acting as a reasonable person would in the same scenario)?
This administrative tool places a member on a 6 month observation period.
What is a control roster?
These are the 3 factors to be weighed under the Mathews v. Eldridge balancing test.
What are: 1. Nature of Private Interest, 2. Risk of Erroneous Deprivation, 3. Nature of Government Interest
This is the "fourth level of scrutiny" that the Court applies when it finds the real purpose behind a law is an irrational or improper animus or prejudice.
What is rational basis plus or rational basis review with bite?
This case addressed when civilians are required to read a member their Article 31 rights.
What is United States v. Quillen?
For an unlawful killing to be voluntary manslaughter, the homicide must be committed in ___________ and caused by _____________.
What are the "heat of passion" and "adequate provocation"?
This particular form of self defense was used as justification to use force against Saddam Hussein's regime in 2003. (Hint: WMDs in Iraq)
What is preventive self-defense?