1. Uniform Code of Military Justice and Navy Regulations

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

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

4. References and Texts U.S. Navy Regulations U.S. Navy Regulations Military Law Military Law Manual for Courts-Martial Manual for Courts-Martial Manual of the Judge Advocate General Manual of the Judge Advocate General JAGINST 5800.7C JAGINST 5800.7C

5. References and Texts Law for the Junior Officer Law for the Junior Officer Standards of Conduct and Government Ethics Standards of Conduct and Government Ethics SECNAVINST 5370.2 SECNAVINST 5370.2 The Bluejackets' Manual The Bluejackets' Manual

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

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

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

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

10. 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 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

11. 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 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

12. UCMJ History and Background: 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"

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

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

15. UCMJ Who is subject to the 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

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

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

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

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

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

21. NJP Nature of 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

22. Procedure for NJP Pre-mast 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

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

24. Procedure for NJP Mast 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.

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

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

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

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

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

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

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

32. Courts-Martial General 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 and not less than 5 members Military Judge only, if requested and non- capital Military Judge only, if requested and non- capital

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

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

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