Uniform Code of Military Justice and Navy Regulations

Uniform Code of Military Justice and Navy Regulations

Learning Objectives • Comprehend the purpose, scope, and constitutional basis of U. S. Navy Regulations and the Uniform Code of Military Justice. • The student will comprehend Junior Officer responsibilities relative to the military justice system including: NJP and Courts-Martial

Learning Objectives • Know the proceedings of NJP and the punishment that may be awarded at NJP • Define three types of courts-martial. • Know the SECNAV Standards of Conduct required of all naval personnel

References and Texts • U. S. Navy Regulations • Military Law • Manual for Courts-Martial • Manual of the Judge Advocate General • JAGINST 5800. 7 C

References and Texts • Law for the Junior Officer • Standards of Conduct and Government Ethics • SECNAVINST 5370. 2 • The Bluejackets' Manual

U. S. Navy Regulations • Principal regulatory document of the Department of the Navy (DON) • Endowed with the sanction of Law

U. S. Navy Regulations • No other directive in the DON may conflict, alter, or amend U. S. Navy Regulations • CNO is responsible for ensuring Navy Regs conform to the needs of the DON.

Duties of the Commanding Officer • Absolute responsibility for command. Can delegate authority, but not responsibility. • Responsible for accomplishment of mission. • Responsible for maintaining good order and discipline.

Precedence, Authority, and Command • Chapter 10 of Navy Regs – Shows relative rank and precedence – Exercise of Authority – Authority over subordinates – Succession of command – Succession in Battle

Senior Officer Present, Afloat (SOPA) • Definition - Senior Line Officer of the Navy on active duty, eligible for command at sea, present in locality and in command of any part of the DON in locality

Senior Officer Present, Afloat (SOPA) • Authority - shall assume command of all DON personnel when he/she deems necessary. Shall exercise authority in a manner consistent with full operational command due a commander of a unified or specified command

UCMJ • History and Background: – Began with Phoenicians who had very strict laws pertaining to military personnel. – Sea law differs from land law (civilian and military) due to inherent hazards of sea. – "Rules for the Regulation of the Navy of the United Colonies"

UCMJ • Created by Congress • Each service had different rules • In 1950, Congress adopted the UCMJ (uniform to all services), to take effect 31 May 1951

UCMJ • Purpose - Seeks to promote good order, high moral, and discipline • Scope - Applies to every aspect of military life

UCMJ • Who is subject to the UCMJ? – Active duty personnel – Reservists on active duty – Midshipmen of the Naval Academy – Retired personnel receiving benefits – Civilians under Martial Law

UCMJ • Can be tried even after leaving service for crime committed while in service. • Can be tried "double jeopardy" in conjunction with civilian trial

NJP • History – Greeks had NJP, field commanders could do almost whatever they wanted. – British commanders could assign death penalty as NJP. – Americans have always required courtmartial for the Death Penalty. NJP started in 1951 with application of Article 15 of the UCMJ

NJP • Who may impose NJP? – Commanding Officer’s – OIC’s (Officers-in-Charge) or their commanders

UCMJ • Who may receive NJP? – Any military member • Right to Refuse? – Ashore - member may refuse NJP and elect courtmartial – At Sea - no option to refuse NJP because it could undermine good order and discipline.

NJP • Nature of NJP – For minor offenses only, more serious than administrative actions. • Not a trial, hence non-judicial – Provides CO’s with a method of prompt judgement

NJP • Nature of NJP – No Lawyers needed or allowed (unless CO gives specific permission) – If severity of charges warrant, CO may discontinue NJP and refer to a Courts-Martial

Procedure for NJP • Pre-mast – Details of offense determined by Investigating Officer (IO) – Accused must be read and acknowledge his/her rights – IO or legal officer presents facts to XO

Procedure for NJP • XOI - Executive Officer Inquiry – Same type proceeding as NJP – Usually awarded page 13 entry (Administrative) if not sent to NJP

Procedure for NJP • Mast - Accused has right to make statement, present witnesses in defense - CO determines guilt/innocence and amount/type of punishment - CO weighs findings of IO, evidence, extenuating circumstances, etc.

NJP • Punishment - Officers – Reprimand – Restriction – Arrest in Quarters – Forfeiture of pay

NJP • Punishment - Enlisted – Reprimand – Confinement on Bread & Water – Correctional Custody – Forfeiture of Pay – Reduction in Grade • Navy: E-6 thru E-2 • Marine Corps: E-5 thru E-2 – Extra Duty – Restriction

Articles of the UCMJ • General Articles: 1 -77 – Legal Proceedings, Applicability, Duties – Article 15 - NJP • Punitive Articles: 77 -134 – Article 79, 86, 89, 92, 111, 112, 114, 118, 133 – Article 134

Courts-Martial • Summary – Jurisdiction: Only for enlisted minor offenses – Convening Authority: Commanding Officer – Composition: 1 Commissioned Officer – Punishment: • 1 month confinement • Reduction in Rate • Forfeiture of pay, Fines • Restriction

Courts-Martial • Special – Jurisdiction: Officers and Enlisted - serious non-capital offenses – Convening Authority: Commanding Officer of any ship, shipyard, base or station

Courts-Martial • Special – Composition: • Military Judge and not less than three members • Only Judge, if requested • Defense and Trial Counsel Appointed • Enlisted may request 1/3 members be enlisted, from another command • Court hears evidence and votes on findings

Courts-Martial • Special – Punishment - Same as Summary plus: • Confinement with hard labor for 6 months • 6 months forfeiture of 2/3 pay • Bad Conduct Discharge

Courts-Martial • General – Jurisdiction: Normally Officers, and for Capital Offenses – Convening Authority: President, SECNAV, CINC of Fleet – Composition: • Military Judge and not less than 5 members • Military Judge only, if requested and non-capital

Courts-Martial • Defense and Trial Counsel Appointed • Enlisted may request 1/3 members be enlisted, from another command • General – Punishment: • Confinement at hard labor • Total forfeiture of pay • Dishonorable Discharge

Punishment cont. • Officer Dismissal • Life imprisonment • Death Penalty

SECNAV Standards and Rules of Conduct • Bedrock Standards of Conduct for Navy Personnel – Loyalty to highest moral principles and to the country over persons or party – Full day’s labor full day’s pay – Never discriminate – Never use government info for personal profit – Uphold all principles conscious that public office is a public trust