Navy Regulations and the Uniform Code of Military Justice

Document Sample
Navy Regulations and the Uniform Code of Military Justice Powered By Docstoc
					   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 the 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 5800.7C
References and Texts

• Law for the Junior Officer
• Standards of Conduct and Government
• 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

• CNO is responsible for ensuring Navy Regs
 conform to the needs of the DON.
Duties of the Commanding
• Absolute responsibility for command. Can
 delegate authority, but not responsibility.

• Responsible for accomplishment of

• Responsible for maintaining good order
 and discipline.
Precedence, Authority, and
• 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
• 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
• 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
• 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"

• Created by Congress

• Each service had different rules

• In 1950, Congress adopted the UCMJ
 (uniform to all services), to take effect 31
 May 1951

• Purpose - Seeks to promote good order,
 high moral, and discipline

• Scope - Applies to every aspect of military

• 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

• Can be tried even after leaving service for
 crime committed while in service.

• Can be tried "double jeopardy" in
 conjunction with civilian trial
• 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

• Who may impose NJP?

  – Commanding Officer’s

  – OIC’s (Officers-in-Charge) or their
• Who may receive NJP?
  – Any military member

• Right to Refuse?
  – Ashore - member may refuse NJP and elect court-

  – At Sea - no option to refuse NJP because it could
    undermine good order and discipline.

• 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

• 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.

• Punishment - Officers

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

• Special

  – Jurisdiction: Officers and Enlisted - serious
    non-capital offenses

  – Convening Authority: Commanding Officer of
    any ship, shipyard, base or station
• 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

• Special

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

• Bedrock Standards of Conduct for Navy
  – 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

jolinmilioncherie jolinmilioncherie http://