1. Military Justice

2. 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 2

3. Need for a Military Justice System
Crimes Unique to the Military
Discipline
Worldwide Operations 3

4. 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) 4

5. Need for a Military Justice System
Discipline
The military justice system is the driving force behind discipline.
Discipline is critical to effective military operation. 5

6. Need for a Military Justice System
Worldwide Operations 5

7. Sources of Military Law
The US Constitution
International Law 7

8. 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 and naval forces.”
US Constitution, Article II, Section 2
“The President shall be Commander in Chief of the Army and Navy of the United States...” 8

9. Sources of Military Law
Congress - Writes the law
President - Implements the laws through Executive Order 10

10. 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 12

11. Uniform Code of Military Justice (UCMJ)
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) 13

12. 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 14

13. Maintaining Discipline
Preventive Discipline
Action taken to encourage members to follow standards and regulations to prevent infraction
The overall objective is to encourage self-discipline, rather than having discipline imposed by superiors 15

14. 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 16

15. Maintaining Discipline
Corrective Tools / Non-Punitive Actions
Letter of Counseling
Letter of Admonishment
Letter of Reprimand
Unfavorable Information File
Control Roster 18

16. Maintaining Discipline
Letter of Counseling (LOC)
Document verbal counseling
Examples:
Late
No Shows
Sloppy Uniform
Traffic Ticket 19

17. 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 LOR 19

18. 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. 20

19. 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) 21

20. 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 23

21. Maintaining Discipline
Punitive Actions
Nonjudicial Punishment—Article 15
Summary Court-Martial
Special Court-Martial
General Court-Martial 25

22. 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 26

23. Maintaining Discipline
Judicial Punishment
Summary Court-Martial
Special Court-Martial
General Court-Martial 27

24. Maintaining Discipline
Summary Court-Martial
Tries minor offenses
For enlisted members only
One officer acts as judge
Limited punishment 28

25. Maintaining Discipline
Special Court-Martial
Tries intermediate offenses
Military judge / 3 members (minimum)
Limited Punishments 29

26. Maintaining Discipline
General Court-Martial
Most serious offenses
Military judge / 5 members (minimum)
Maximum punishment 30

27. Your Rights and Responsibilities
Involuntary Self-Incrimination
Right to Counsel
Search & Seizure 31

28. Your Rights and Responsibilities
Your Responsibilities
Comply with standards
Enforce standards
Don’t condone misconduct 31

29. 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 2