Military Justice Overview Need For Military Justice System

Military Justice

Overview • • • Need For Military Justice System Sources of Military Law Uniform Code of Military Justice (UCMJ) Manual for Courts Martial (MCM) Maintaining Discipline Your Rights and Responsibilities

Need for a Military Justice System • Crimes Unique to the Military • Discipline • Worldwide Operations

Need for a Military Justice System • Crimes Unique to the Military • • Absent Without Leave (AWOL) (Article 86) Fraudulent Enlistment (Article 83) Desertion (Article 85) Missing a Movement (Article 87) Disrespect Toward a Superior (Article 89) Failure to Obey a Lawful Order (Article 92) Misbehavior before the enemy (Article 99)

Need for a Military Justice System • Discipline • The military justice system is the driving force behind discipline. • Discipline is critical to effective military operation.

Need for a Military Justice System • Worldwide Operations

Sources of Military Law • The US Constitution • International Law

Sources of Military Law • US Constitution, Article I, Section 8 • “Congress shall have the power to make rules for the government and regulation of the land naval forces. ” • US Constitution, Article II, Section 2 • “The President shall be Commander in Chief of the Army and Navy of the United States. . . ”

Sources of Military Law • Congress - Writes the law • President - Implements the laws through Executive Order

Sources of Military Law • International Law • Law of War - Customary and Treaty Law • Apply the amount and kind of force necessary for the purpose of war • Geneva Conventions • Deals with humanitarian issues • No attacks on civilian populations • Avoidance of disproportionate suffering

Uniform Code of Military Justice (UCMJ) • Uniform Code of Military Justice (UCMJ— 1950) • Part of the US Code • Modified and consolidated the following: • Articles of War • Articles for the Government of the Navy • Disciplinary Laws of the Coast Guard • Contains the Punitive Articles (77 -134)

Manual for Courts-Martial (MCM) • • Not just a guide Full force and effect of law Binding on all personnel subject to the UCMJ Implemented by Executive Order

Maintaining Discipline • Preventive Discipline • Action taken to encourage members to follow standards and regulations to prevent infraction • The overall objective is to encourage selfdiscipline, rather than having discipline imposed by superiors

Maintaining Discipline • Corrective Discipline • Action subsequent to a rule infraction • It seeks to discourage further infractions and to ensure that further acts are in compliance with standards • Three Goals of Corrective Discipline • To reform the offender • To deter others from similar actions • To maintain consistent, effective group standards

Maintaining Discipline • Corrective Tools / Non-Punitive Actions • • • Letter of Counseling Letter of Admonishment Letter of Reprimand Unfavorable Information File Control Roster

Maintaining Discipline • Letter of Counseling (LOC) • Document verbal counseling • Examples: • • Late No Shows Sloppy Uniform Traffic Ticket

Maintaining Discipline • Letter of Admonishment (LOA) – More severe than a LOC – Use it to document a more serious infraction, but not serious enough to warrant a LOC

Maintaining Discipline • Letter of Reprimand • Official censure of inefficiency, impropriety, or misconduct. • More severe than a counseling or admonition and indicates a stronger degree of official censure.

Maintaining Discipline • Unfavorable Information File (UIF) • Repository at MPS • Contains information concerning a person’s duty performance and conduct • What’s in a UIF? • Article 15 • Letter of Reprimand • Counseling Documents (as attachments only)

Maintaining Discipline • Control Rosters • List the names of people whose conduct, bearing, integrity, or duty performance require special attention, observation, evaluation, or rehabilitation. • Assists commanders and supervisors in controlling and managing those members • Give the person a chance to improve in their deficient area within a specific time period • If placed on a control roster, the individual would be ineligible for reenlistment, promotion, PME in residence, or PCS

Maintaining Discipline • Punitive Actions • • Nonjudicial Punishment—Article 15 Summary Court-Martial Special Court-Martial General Court-Martial

Maintaining Discipline • Nonjudicial Punishment—Article 15 • For minor offenses • Imposed by the commander • Punishment depends on rank of offender/commander • Member may request trial by court-martial in lieu of Article 15

Maintaining Discipline • Judicial Punishment • Summary Court-Martial • Special Court-Martial • General Court-Martial

Maintaining Discipline • Summary Court-Martial • • Tries minor offenses For enlisted members only One officer acts as judge Limited punishment

Maintaining Discipline • Special Court-Martial • Tries intermediate offenses • Military judge / 3 members (minimum) • Limited Punishments

Maintaining Discipline • General Court-Martial • Most serious offenses • Military judge / 5 members (minimum) • Maximum punishment

Your Rights and Responsibilities • Your Rights • Involuntary Self-Incrimination • Right to Counsel • Search & Seizure

Your Rights and Responsibilities • Your Responsibilities • Comply with standards • Enforce standards • Don’t condone misconduct

Summary • • • Need For Military Justice System Sources of Military Law Uniform Code of Military Justice (UCMJ) Manual for Courts Martial (MCM) Maintaining Discipline Your Rights and Responsibilities