Uniform Code of Military Justice

Slide 1: 

Uniform Code of Military Justice and Navy Regulations

Learning Objectives : 

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 : 

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 : 

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 : 

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

U.S. Navy Regulations : 

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

U.S. Navy Regulations : 

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.

Duties of the Commanding Officer : 

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

Precedence, Authority, and Command : 

Precedence, Authority, and Command 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 (SOPA) : 

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

Senior Officer Present, Afloat (SOPA) : 

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

UCMJ : 

UCMJ 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"

UCMJ : 

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

UCMJ : 

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

UCMJ : 

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

UCMJ : 

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

NJP : 

NJP 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

NJP : 

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

UCMJ : 

UCMJ Who may receive NJP? Any military member 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.

NJP : 

NJP 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 judgement

NJP : 

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

Procedure for NJP : 

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 : 

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 : 

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.

NJP : 

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

NJP : 

NJP 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 : 

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

Courts-Martial : 

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

Courts-Martial : 

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

Courts-Martial : 

Courts-Martial 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

Courts-Martial : 

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

Courts-Martial : 

Courts-Martial 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-capital

Courts-Martial : 

Courts-Martial 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. : 

Punishment cont. Officer Dismissal Life imprisonment Death Penalty

SECNAV Standards and Rules of Conduct : 

SECNAV Standards and Rules of Conduct 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