Docstoc

The Uniform Code of Military Justice

Document Sample
The Uniform Code of Military Justice Powered By Docstoc
					The Uniform Code of
  Military Justice
    Why? When? Who?
     By: 1stSgt LaRue
            Lesson Objectives
   Upon completion of this lesson you will be
    able to explain the origin, purpose, and
    indicate who is subject to the Uniform
    Code of Military Justice.
   Explain the need for a special system.
   Identify the source of the authority for this
    system.
   Provide Examples of individuals subject to
    the UCMJ.
                Key Words
   Statutes
   Nonjudicial punishment
   Obsolete, contradictory, obscure
   Court Martial
   Malingering
   Uniform
   Habeas Corpus
   Allegation
   Muster
                   Background
   Since ancient times military justice has
    been composed of two distinct branches.
       Laws of the Sea
       Military (army) Laws
   When the United States became
    independent, our military fashioned itself
    like the military of Great Britain.
       Navy and Marine Corps used “The Articles of
        the Government of the Navy”
       Army used “The Articles of War”
    The Need for a Unified Code
   Came about during WWII.
   Different system of justice for each
    military service.
   Offenders committing the same crime
    were often treated different.
   Punishments not always equal to the
    offense.
   The accused rarely had a trained lawyer
   Commanding Officers would „influence‟ the
    jury.
   UCMJ passed in 1950
      Why does the military need a
           different system
   Unauthorized Absence
   Disobedience
   Disrespect
   Misbehavior before the enemy
   Malingering
      Why does the military need a
           different system
   Because armed forces are deployed
    around the world.
   Called „Uniform‟ because it is evenly
    applied across all branches of the U.S.
    Military.
   Purpose is to regulate behavior and
    promote good order, high morale, and
    discipline.
    Where does the authority come
               from?
   Article 1, Section 8 of the Constitution
    grants Congress the right to “Make rules
    for the government of land and naval
    forces,”
   Congress established UCMJ in 1950,
    revised it in 1968.
   140 articles or rules.
                 Jurisdiction
   Members of military may be brought
    before civil and military if they violate a
    law that is both a civil and a military law.
   A good example is murder
   Military are also subject to foreign laws
            How does it work?
   Violation of UCMJ
   Commanding Officer (CO) investigation
   The CO investigation determines whether
    the accused should be prosecuted or not.
   If the accused is tried and found guilty, an
    automatic appeal process kicks in.
        Who is subject to UCMJ
   Active duty military
   Cadets and Midshipmen
   Reservists on active duty for training
   Retired members
   Those already in jail from a court martial
   Prisoners of war
   During war, persons accompanying
    armed forces personnel
          Non Judicial Punishment
                  and the
           Rights of the Accused

   Article 31 of the UCMJ spells out the rights
    of the accused.
   Less serious infractions are dealt with by
    imposing “nonjudicial punishment.”
        Nonjudicial Punishment
                (NJP)
   Also known as „company punishment‟, „Article
    15‟, or „Captain‟s Mast‟
   In the Marine Corps, NJP is known as „office
    hours‟
   It is a hearing by a commander concerning a
    matter that has been brought to his/her
    attention.
   Primary objective is to correct the offender for
    minor breaches of discipline without the „stigma‟
    of a court-martial conviction.
               NJP (continued)
   Imposed for acts or omissions that are
    minor offenses under the punitive articles
    of the UCMJ.
   Minor is determined by a number of
    things.
       Nature of the offense
       What are the circumstances
       What would be the maximum sentence
        imposed if it went to a court-martial?
       Procedures for handling
             offenses
   Allegations handled quickly
   Handled at the lowest possible level
   Each Commander in the Chain of
    Command has ability to take action on
    reported offenses.
       Factors to be considered
   Seriousness of the offense
   Availability and admissibility of evidence
   The Character of the accused
   Recommendations by subordinate
    commanders
   The effect of the decision on the accused
    and the command
The Goal is a decision that is fair and
 appropriate
        Commander’s Options
   Take no action on the offense.
   Take administrative action (page 11).
   Impose nonjudicial punishment (article
    15).
   Forward the decision to higher or
    subordinate authority.
   Refer to a court-martial.
              NJP Procedures
   An offender has the opportunity to accept or
    decline NJP.
   If NJP is accepted and the offender is found
    guilty, he or she may be….
   Restricted
   Forfeiture of ½ of one‟s pay
   Bread and Water
   Demotion
   Extra duties
         Rights of the Accused
   Identified in Article 31
   Not required to incriminate them self.
   Must be informed of the accusation and
    advised that no statement is required.
   Prohibits the introduction of statements or
    confessions not voluntarily given.
   Must be “Mirandized.”
            Other Information
   Suspect vs. Accused
       If you are a suspect, you aren‟t required to
        hear your Miranda rights.
       If you are accused, you must be Mirandized.
     History of Miranda (Miranda v.
                Arizona)
   In 1963, Ernesto Miranda was picked up
    by the Phoenix Arizona Police Department
    on kidnapping and sexual assault charges.
    He was interrogated and talked into
    signing a written confession to the crimes
    without being advised of his right to
    remain silent and right to have a counsel
    present.
       History of Miranda (con’t)
   Miranda‟s court appointed lawyer argued
    his case but lost and Miranda was sent to
    prison. In 1966, Miranda‟s case reached
    the Supreme Court and in a 5-4 decision
    his conviction was over-turned. The court
    ruled that his rights had in fact been
    violated.
   Miranda‟s case was the last case heard by
    the Supreme Court.
        Types of Court Martial
   Summary Court
   Special Court
   General Court
          Learning Objectives
   Be able to recognize the difference
    between the three types of Courts Martial,
    specifically…
   Jurisdiction
   Convening Authority
   Composition
   Rights of the accused
   Authorized punishments
               Key Words
   Convening Authority
   Composition
   Subpeona
   Depositions
   „Detailed‟ attorney
   Larceny
   Challenge for cause
   Peremptory challenge
        Summary Court Martial
   Purpose – To administer justice for minor
    offenses simply and quickly
   Minor offenses include: UA, disrespect,
    and disobedience
   Jurisdiction – Enlisted people only, officers
    cannot receive a summary court martial
       Convening Authority and
            Composition
   The lowest unit commander in the Marine
    Corps who can convene a summary court
    is a battalion/squadron commander
   A summary court martial is composed of
    one officer on active duty. Usually at least
    a Captain, he or she acts as judge, jury,
    defense and prosecution.
         Rights of the accused
   Refuse trial by summary court martial
   Consult with a lawyer before deciding to
    accept the summary court martial
   Have a civilian lawyer (at own expense), if
    it will not delay the trial
   Cross-examine witnesses and examine
    evidence
   Call his own witnesses and present
    evidence
   Remain silent
       Authorized Punishments
 30 days confinement
 Hard labor, no confinement, for 45 days

 60 days restriction

 Forfeiture of 2/3 pay for one month

 Reduction to lowest enlisted grade

Note: In the case of sergeants and above,
    may not be sentenced to confinement or
    labor, reduction only to next lower grade
          Special Court Martial
   Purpose – provide justice for cases that
    are serious, but non-capital
   Offenses include: desertion, assault,
    larceny, and robbery
   Jurisdiction – May try officers and enlisted
     Special Court Martial (SCM)
   Convening Authority – Battalion and
    Squadron commanders and above
   Composition – Minimum of three members
    of the jury and one judge
         Rights of the accused
       (same as General Court)
   Accused cannot refuse a special or a GCM
   Military lawyer will be detailed
   Accused may pick his own lawyer, hire a
    civilian lawyer, or defend himself
   Accused may challenge members of jury
   Accused may request trial by judge only
   If the accused is enlisted, he has the right
    to have enlisted on the jury
       Authorized Punishments
   6 Months confinement
   Forfeiture of 2/3 pay for six months
   Reduction to private
   Bad conduct discharge

Note: The most severe punishment is known
    as “6, 6, and a kick”
    General Court Martial (GCM)
   Purpose: Exercise justice for cases that
    are of a very serious nature including
    capital offenses
   Capital Offenses: Rape, manslaughter,
    arson, treason, and mutiny
   Jurisdiction: GCM may try officers and
    enlisted personnel.
       Convening Authority and
            Composition
   Convening Authority: May only be
    convened only by a General Officer
   Composition: Minimum of five members
    of the jury and a judge. There is no
    maximum number of members
   Rights of the accused are the same as a
    SCM.
         Allowable punishment
   Any allowable punishment may be
    awarded at a GCM, to include death,
    confinement, reduction, forfeiture of all
    pay, and discharge.
                   Appeals
   A punitive discharge, confinement for
    more than one year, or dismissal of an
    officer will automatically go before the
    Court of Military Review.
   Highest appellate court is the U.S. Court
    of Military Appeals, composed of three
    civilian judges appointed by the President.
   Since 1983, the U.S. Supreme Court may
    review certain military cases.
                Conclusion
   Only a court martial can try a person for a
    military law offense.
   The three types of Court Martial are based
    on the seriousness of the offense.
   Courts are organized to protect the rights
    of the accused while promoting justice,
    good order and discipline.
Punishments and
  Discharges
               Introduction
   UCMJ provides various means of
    punishment.
   Punishments for Summary, Special, and
    General Court Martial will increase
    depending on the court and the crime.
   Punishments range from pay forfeiture to
    discharge to death.
                 Key Words
   Mandatory
   Admonition and reprimand
   Correctional Custody
   Affidavits
   Forfeiture
   EMI (Extra Military Instruction)
          Punishment Options
   Commanding Officer‟s Limits
   Admonition and Reprimand
   Restriction
   Correctional Custody
   Extra Duty
   Reduction in Grade
   Forfeiture
             Types of Discharges
   Honorable Discharge
   Fulfilled Service Obligation
   Hardship
       A condition has arisen that requires the Marine leave
        service.
       Supported by affidavit
   Minority
   Disability
   Unsuitability
          Types of Discharges
              (continued)
   General Discharge
   Marine has met the service obligation, but
    has not met the required standards of
    behavior or performance.
   Didn‟t meet conduct mark of 4.0 and
    proficiency mark of 3.0.
   Kind of like graduating, but not getting the
    diploma.
     Types of Discharges (con’t)
   Discharge under Other than
    Honorable Conditions (OTH)
   Security
   Good of the Service
   Misconduct
     Types of Discharges (con’t)
   Bad Conduct Discharge (BCD)
   May only be awarded by a special or
    general court martial
   If BCD includes Brig time, then BCD is at
    completion of confinement
   BCD brings a loss of benefits
     Types of Discharges (con’t)
   Dishonorable Discharge
   Can only be granted by a General Court
    Martial
   Loss of all veteran‟s benefits
   Usually coupled with a felony conviction

				
DOCUMENT INFO