Crim Law and Due Process
Requires no due process
de minimis deprivations
The elements of the Katz test
What are
1. A Subjective expectation of privacy
2. An expectation society is prepared to accept as reasonable (objective)
The five principles of LOAC
What are Distinction, Military Necessity, Proportionality, Humanity (Unnecessary Suffering), and Honor (Chivalry)
The amendments that require the government to provide equal protection
What are 14th and 5th amendments
The name of the boat in the cannibalism case from day 1
What is the Mignonette
The elements of Felony Murder
2. Death occurred during the commission of the felony.
This is the test to determine when Miranda rights must be read.
What are: 1. Custody and 2. Interrogation
The two categories of battlefield statuses
Combatants and Civilians
The test for content-neutral speech regulations
Intermediate Scrutiny Test:
1. Substantial Government Interest
2. Regulation is narrowly tailored
3. Regulation leaves ample alternative channels of communication
Locke's natural rights (also due process protected)
What are life, liberty, and property
The difference between desertion and AWOL
Intent to remain away permanently required for desertion
Three exceptions to the 4th Amendment warrant requirement.
What are exigent circumstances, search incident to arrest, consent, consent, automobile, plain view, stop and frisk.
Commanders decisions regarding attack will be judge according to the information reasonably available to them at the time, and not information that was learned later.
Level of scrutiny applied to commanders regulating speech in non-public forums
What is Minimum Scrutiny (viewpoint neutral)
These are the three types of courts-martial
Summary, Special, and General
The three factors of the Matthews Balancing Test
What are:
1.The private interest affected [the “taking”]
2.Risk of getting it wrong + the value (if any) of additional safeguards
3.The government’s interest, considering the function involved + burden of extra procedures
This case dealt with the collection of cell-site location data
What is the Carpenter case
What is the two-part test to determine if an international law is customary international law (CIL)?
1. Uniform and consistent state practice
2. Opinio juris (Sense of legal obligation)
The three suspect classes under equal protection
Race, National Origin, Religion
Gender (Quasi-suspect)
Criminal offenses and their elements are generally comprised of these two components.
What are actus reus (act) and mens rea (intent)?
The difference between involuntary manslaughter and negligent homicide
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 is the test to determine when Article 31 rights must be read.
What is: 1. Questioner and Questionee subject to UCMJ; 2. Questioner has a reasonable suspicion of a crime; 3. the questioner was or was reasonably considered to be acting in an official law enforcement or disciplinary capacity; and 4. interrogation.
This is the legal standard applied to the targeting principle of "proportionality" according to Additional Protocol I to the Geneva Conventions.
What is whether the incidental civilian loss of life from the attack is excessive in relation to the concrete and direct military advantage anticipated?
Level of scrutiny applied to the government making a distinction between short and tall people
What is Rational Basis Review
1. legitimate state interest
2. rational relation to the state interest
Commanders who take disciplinary action for sexual offenses are required to do this follow on action.
Initiate discharge proceedings.