The Uniform Code of Military Justice – Why? When? Who? LE2-C5S12T1pg253-256 The Uniform Code of Military Justice – Why? When? Who?

The purpose of this lesson is to teach you the history of military history law in the U.S., why it is necessary to have a separate Code of Military Justice, and to whom the Code applies.

Lesson Objectives Explain the need for a special system of justice for the military. Identify the source of the authority to establish a military justice system. Provide examples of individuals subject to the Uniform Code of Military Justice. Example:

CPS Key Word Questions (1-3) Key Words CPS Key Word Questions (1-3) Example:

Key Words Courts-martial ____________ - trials of military or naval personnel for offenses against the military _________ - the power that court of law or an official has to carry out legal judgments or to enforce laws Courts-martial Jurisdiction Example:

Key Words Habeas corpus ____________ - a law that states that a person cannot be kept in prison unless he or she has been brought before a judge or a magistrate Example:

CPS Lesson Questions (1-2) Warm Up Questions CPS Lesson Questions (1-2) Example:

Opening Question Think about what you already know about military law. List 2-3 laws that you might already know. (Use CPS “Pick a Student” for this question.)

Introduction Since ancient times, military justice has been composed of two distinct branches, laws of the sea and laws of the land. By World War II, the military laws of the U.S. were obscure and contradictory. Example:

The Need for a Unified Code World War II brought a great number of draftees into the service and the result was the military’s differing systems of justice were brought under attack. Courts-martial, trials of military or naval personnel for offenses against the military, often lacked trained legal personnel who were unable or unwilling to give the accused adequate defense or proper advice. Example:

Why Does the Military Need a Different System? Many factors motivated Congress to provide a separate system of justice for the military. Because the armed forces are deployed around the world, military society requires its own justice system. The purpose of the military justice system is to regulate behavior and promote good order, high morale, and discipline. Example:

Lesson Question CPS Lesson Question (3) Example:

From Where Does the Authority for the UCMJ Come? In Article I, Section 8 of the Constitution of the United States, Congress is granted the authority “To make rules for the government and regulation of the land and naval forces.” In 1968, the Military Justice Act revised the UCMJ, originally established in 1950. Article 36 of the UCMJ gives the President the authority to issue regulations prescribing the procedure to follow before military tribunals, including the rules of evidence. Example:

Jurisdiction Members of the Armed Forces can be brought before civil or military tribunals if they are accused of a violation of law that is both a civil and a military offense. Once a violation of the UCMJ comes to the attention of the proper military authorities, the commanding officer (CO) must investigate the charge to determine the validity of the allegation. Example:

Who is Subject to the UCMJ? The Uniform Code of Military Justice applies to people active in the Armed Forces, but it also applies to a number of other individuals. Article Two of the UCMJ lists a number of instances in which the military has jurisdiction. Example:

Lesson Question CPS Lesson Question (4) Example:

Closing Question List the 2-3 most important things you learned in this lesson. Why are they important to you? (Use CPS “Pick a Student” for this question.)

Questions

Copyright Information Images in this lesson were taken from: Microsoft© Clip Art Gallery Marine Corps Combat Camera MCJROTC Student Text