The Uniform Code of Military Justice – Why? When? Who? MGySgt Dalvin L. Bailey

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:

Key Words Courts –martial _____________ - trials of military or naval personnel for offenses against the military. Some civilians may be subject as well. _________ - 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. Magistrate - is a person who lays down the law — a judge or other civil authority who conducts a court. Minor offenses are often brought before a magistrate. ." Example:

LE1-C1S3T2pg 31-39 The Leadership Traits

LE1-C1S3T2pg 31-39 The Leadership Traits

LE1-C1S3T2pg 31-39 The Leadership Traits

Punishment can range from Non-Judicial Punishment (NJP) Punishment can range from Non-Judicial Punishment will have different Names Depending on the branch of the Military Air Force and Army – Article 15 Navy and Coast Guard –  Captain's Mast Example: Marine Corps – Office Hours

Non-Judicial Punishment (NJP) Non-Judicial Punishment (NJP) - Non-judicial punishment or "NJP" permits commanders (normally conducted by the Commanding Officer) to administratively discipline troops without a court-martial. Example:

Punishment can range from Reprimand Reduction in rank Correctional Custody ****Confinement on bread and water ****Diminished rations Example: Loss of pay ****Aboard ships only Extra duty Restriction

Opening Question Court martials apply to both civilians and military personnel? True False Example:

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. Example:

Why Does the Military Need a Different System? Because the armed forces are deployed around the world, military society requires its own justice system. Example:

Why Does the Military Need a Different System? The purpose of the military justice system is to regulate behavior and promote good order, high morale, and discipline. Example:

Lesson Question True or False: World War II brought many draftees into the service. True False Example:

Lesson Question What is the purpose of military justice? To regulate crimes against military personnel. To regulate crimes committed by the enemy. To regulate crimes committed by a civilian on military property. To regulate behavior and promote good order, high morale, and discipline. Example:

Lesson Question True or False: Habeas corpus is 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. True False Example:

Lesson Question Who will normally administer NJP? Judge Magistrate Commanding Officer Senior Staff Non-commission Officer 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:

Who is Subject to the UCMJ? The Coast Guard is administered under Title 14 of the United States Code when not operating as part of the U.S. Navy. However, commissioned members of the NOAA and PHS are only subject to the UCMJ when attached or detailed to a military unit or are militarized by presidential executive order. Example:

Who is Subject to the UCMJ? Cadets and midshipmen at the United States Military Academy, United States Naval Academy, United States Air Force Academy, United States Military Academy, United States Merchant Marine Academy, United States Coast Guard Academy. Example:

Who is Subject to the UCMJ? Soldiers and Airmen in the National Guard of the United States are subject to the UCMJ only if activated in a Federal capacity under Title 10 by an executive order issued by the President or during their Annual Training periods, which are orders issued under Title 10. Example:

Questions

REVIEW Example:

Opening Question Court martials apply to both civilians and military personnel? True False Example:

Lesson Question Which of the following is NOT an example of non-judicial punishment? Court-martial Diminished rations Forfeiture of pay Demotion Example:

Lesson Question What branch of the military does Office Hours relate to? Air Force Marines Army Navy Example:

Lesson Question What branch of the military does Captain’s Mast relate to? Air Force Marines Army Navy Example:

Lesson Question Which of the following may occur during “office hours?” The commanding officer will issue non-judicial punishment to a member of his/her command The commanding officer will tell the accused that he/she must accept non-judicial punishment rather than go to trail The commanding officer will issue non-judicial punishment for a serious offense The commanding officer may issue a punishment of a dis honorable discharge. Example:

Lesson Question True or False: World War II brought many draftees into the service. True False Example:

Lesson Question What is the purpose of military justice? To regulate crimes against military personnel. To regulate crimes committed by the enemy. To regulate crimes committed against military property. To regulate behavior and promote good order, high morale, and discipline. Example:

Lesson Question True or False: Habeas corpus is 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. True False Example:

Lesson Question Who will normally administer NJP? Judge Magistrate Commanding Officer Senior Staff Non-commissioned Officer Example:

Lesson Question True or False: Military law is organized under the Uniform Code of Military Justice (UCMJ). True False Example:

Lesson Question Which part of the Constitution grants Congress the authority “To make rules for the government and regulation of the land and Naval forces?” Article I, Section 8 Article I, Section 5 Article I, Section 2 Article I, Section 4 Example:

Lesson Question What year was the Military Justice Act originally established? 1968 1950 1775 1812 Example:

Lesson Question Once a violation of the UCMJ comes to the attention of the proper military authorities, who must investigate the charge to determine the validity of the allegation? Judge Magistrate Any Commissioned Officer Commanding Officer Example:

Lesson Question When are Soldiers and Airmen in the National Guard of the United States subject to the UCMJ? When they finish boot camp Under Title 10 by an executive order issued by the President At all times When they finish their formal school training Example:

Lesson Question “Any statement you make can be used against you in a trail by court-martial” is: An example of an Article 15 warning. An example of the wavier document. An example of an Article 31 warning. None of the above Example: