Uniform Code of Military Uniform Code of Military Justice and Navy Justice and Navy

RegulationsRegulations

Learning Objectives Learning Objectives

• Comprehend the purpose, scope, and Comprehend the purpose, scope, and constitutional basis of U.S. Navy constitutional basis of U.S. Navy Regulations and the Uniform Code of Regulations and the Uniform Code of Military Justice.Military Justice.

• The student will comprehend Junior The student will comprehend Junior Officer responsibilities relative to Officer responsibilities relative to the military justice system the military justice system including: NJP and Courts-Martialincluding: NJP and Courts-Martial

Learning ObjectivesLearning Objectives

• Know the proceedings of NJP and the Know the proceedings of NJP and the punishment that may be awarded at NJPpunishment 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 Know the SECNAV Standards of Conduct required of all naval personnelrequired of all naval personnel

References and TextsReferences and Texts

• U.S. Navy RegulationsU.S. Navy Regulations

• Military LawMilitary Law

• Manual for Courts-MartialManual for Courts-Martial

• Manual of the Judge Advocate Manual of the Judge Advocate GeneralGeneral

• JAGINST 5800.7CJAGINST 5800.7C

References and TextsReferences and Texts

• Law for the Junior OfficerLaw for the Junior Officer

• Standards of Conduct and Standards of Conduct and Government EthicsGovernment Ethics

• SECNAVINST 5370.2SECNAVINST 5370.2

• The Bluejackets' ManualThe Bluejackets' Manual

U.S. Navy RegulationsU.S. Navy Regulations

• Principal regulatory document of the Principal regulatory document of the Department of the Navy (DON)Department of the Navy (DON)

• Endowed with the sanction of LawEndowed with the sanction of Law

U.S. Navy RegulationsU.S. Navy Regulations

• No other directive in the DON may No other directive in the DON may conflict, alter, or amend U.S. Navy conflict, alter, or amend U.S. Navy RegulationsRegulations

• CNO is responsible for ensuring Navy CNO is responsible for ensuring Navy Regs conform to the needs of the Regs conform to the needs of the DON.DON.

Duties of the Commanding Duties of the Commanding OfficerOfficer• Absolute responsibility for command. Can Absolute responsibility for command. Can

delegate authority, but not responsibility.delegate authority, but not responsibility.

• Responsible for accomplishment of Responsible for accomplishment of mission.mission.

• Responsible for maintaining good order Responsible for maintaining good order and discipline.and discipline.

Precedence, Authority, and Precedence, Authority, and CommandCommand

• Chapter 10 of Navy RegsChapter 10 of Navy Regs– Shows relative rank and precedenceShows relative rank and precedence– Exercise of AuthorityExercise of Authority– Authority over subordinatesAuthority over subordinates– Succession of commandSuccession of command– Succession in BattleSuccession in Battle

Senior Officer Present, Senior Officer Present, Afloat (SOPA)Afloat (SOPA)

• Definition - Senior Line Officer of the Definition - Senior Line Officer of the Navy on active duty, eligible for Navy on active duty, eligible for command at sea, present in locality command at sea, present in locality and in command of any part of the and in command of any part of the DON in localityDON in locality

Senior Officer Present, Senior Officer Present, Afloat (SOPA)Afloat (SOPA)

• Authority - shall assume command Authority - shall assume command of all DON personnel when he/she of all DON personnel when he/she deems necessary. Shall exercise deems necessary. Shall exercise authority in a manner consistent with authority in a manner consistent with full operational command due a full operational command due a commander of a unified or specified commander of a unified or specified command command

UCMJUCMJ• History and Background:History and Background:

– Began with Phoenicians who had very Began with Phoenicians who had very strict laws pertaining to military strict laws pertaining to military personnel.personnel.

– Sea law differs from land law (civilian and Sea law differs from land law (civilian and military) due to inherent hazards of sea. military) due to inherent hazards of sea.

– "Rules for the Regulation of the Navy of "Rules for the Regulation of the Navy of the United Colonies" the United Colonies"

UCMJUCMJ

• Created by CongressCreated by Congress

• Each service had different rulesEach service had different rules

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

UCMJUCMJ

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

• Scope - Applies to every aspect of Scope - Applies to every aspect of military lifemilitary life

UCMJUCMJ

• Who is subject to the UCMJ?Who is subject to the UCMJ?

– Active duty personnelActive duty personnel– Reservists on active dutyReservists on active duty– Midshipmen of the Naval AcademyMidshipmen of the Naval Academy– Retired personnel receiving benefitsRetired personnel receiving benefits– Civilians under Martial LawCivilians under Martial Law

UCMJUCMJ

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

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

NJPNJP• HistoryHistory

– Greeks had NJP, field commanders Greeks had NJP, field commanders could do almost whatever they could do almost whatever they wanted.wanted.

– British commanders could assign British commanders could assign death penalty as NJP. death penalty as NJP.

– Americans have always required Americans have always required court-martial for the Death Penalty. court-martial for the Death Penalty. NJP started in 1951 with application of NJP started in 1951 with application of Article 15 of the UCMJArticle 15 of the UCMJ

NJPNJP

• Who may impose NJP?Who may impose NJP?

– Commanding Officer’sCommanding Officer’s

– OIC’s (Officers-in-Charge) or their OIC’s (Officers-in-Charge) or their commanderscommanders

UCMJUCMJ

• Who may receive NJP?Who may receive NJP?– Any military memberAny military member

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

court-martialcourt-martial

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

NJPNJP

• Nature of NJPNature of NJP

– For minor offenses only, more serious For minor offenses only, more serious than administrative actions.than administrative actions.•Not a trial, hence non-judicialNot a trial, hence non-judicial

– Provides CO’s with a method of prompt Provides CO’s with a method of prompt judgementjudgement

NJPNJP

• Nature of NJPNature of NJP

– No Lawyers needed or allowed (unless No Lawyers needed or allowed (unless CO gives specific permission)CO gives specific permission)

– If severity of charges warrant, CO may If severity of charges warrant, CO may discontinue NJP and refer to a Courts-discontinue NJP and refer to a Courts-MartialMartial

Procedure for NJPProcedure for NJP

• Pre-mastPre-mast

– Details of offense determined by Details of offense determined by Investigating Officer (IO)Investigating Officer (IO)

– Accused must be read and Accused must be read and acknowledge his/her rightsacknowledge his/her rights

– IO or legal officer presents facts to XOIO or legal officer presents facts to XO

Procedure for NJPProcedure for NJP

• XOI - Executive Officer InquiryXOI - Executive Officer Inquiry

– Same type proceeding as NJPSame type proceeding as NJP

– Usually awarded page 13 entry Usually awarded page 13 entry (Administrative) if not sent to NJP(Administrative) if not sent to NJP

Procedure for NJPProcedure for NJP• Mast Mast

- - Accused has right to make statement, Accused has right to make statement, present present witnesses in defense witnesses in defense

- CO determines guilt/innocence and - CO determines guilt/innocence and amount/type of punishmentamount/type of punishment

- CO weighs findings of IO, evidence, - CO weighs findings of IO, evidence, extenuating circumstances, etc.extenuating circumstances, etc.

NJPNJP

• Punishment - OfficersPunishment - Officers

– ReprimandReprimand– RestrictionRestriction– Arrest in QuartersArrest in Quarters– Forfeiture of payForfeiture of pay

NJPNJP• Punishment - EnlistedPunishment - Enlisted

– ReprimandReprimand– Confinement on Bread & WaterConfinement on Bread & Water– Correctional CustodyCorrectional Custody– Forfeiture of PayForfeiture of Pay– Reduction in GradeReduction in Grade

•Navy: E-6 thru E-2Navy: E-6 thru E-2

•Marine Corps: E-5 thru E-2Marine Corps: E-5 thru E-2

– Extra DutyExtra Duty– RestrictionRestriction

Articles of the UCMJArticles of the UCMJ

• General Articles: 1-77General Articles: 1-77– Legal Proceedings, Applicability, DutiesLegal Proceedings, Applicability, Duties– Article 15 - NJPArticle 15 - NJP

• Punitive Articles: 77-134Punitive Articles: 77-134– Article 79, 86, 89, 92, 111, 112, 114, 118, Article 79, 86, 89, 92, 111, 112, 114, 118,

133 133 – Article 134Article 134

Courts-MartialCourts-Martial• SummarySummary

– Jurisdiction: Only for enlisted minor Jurisdiction: Only for enlisted minor offensesoffenses

– Convening Authority: Commanding Convening Authority: Commanding OfficerOfficer

– Composition: 1 Commissioned OfficerComposition: 1 Commissioned Officer– Punishment:Punishment:

•1 month confinement1 month confinement

•Reduction in RateReduction in Rate

•Forfeiture of pay, FinesForfeiture of pay, Fines

•RestrictionRestriction

Courts-MartialCourts-Martial

• SpecialSpecial

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

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

Courts-MartialCourts-Martial• SpecialSpecial

– Composition:Composition:•Military Judge and not less than three Military Judge and not less than three

membersmembers

•Only Judge, if requestedOnly Judge, if requested

•Defense and Trial Counsel AppointedDefense and Trial Counsel Appointed

•Enlisted may request 1/3 members be Enlisted may request 1/3 members be enlisted, from another commandenlisted, from another command

•Court hears evidence and votes on Court hears evidence and votes on findingsfindings

Courts-MartialCourts-Martial

• SpecialSpecial

– Punishment - Same as Summary plus:Punishment - Same as Summary plus:•Confinement with hard labor for 6 monthsConfinement with hard labor for 6 months

•6 months forfeiture of 2/3 pay6 months forfeiture of 2/3 pay

•Bad Conduct DischargeBad Conduct Discharge

Courts-MartialCourts-Martial• GeneralGeneral

– Jurisdiction: Normally Officers, and for Jurisdiction: Normally Officers, and for Capital OffensesCapital Offenses

– Convening Authority: President, Convening Authority: President, SECNAV, CINC of FleetSECNAV, CINC of Fleet

– Composition:Composition:•Military Judge and not less than 5 membersMilitary Judge and not less than 5 members

•Military Judge only, if requested and non-Military Judge only, if requested and non-capitalcapital

Courts-MartialCourts-Martial•Defense and Trial Counsel AppointedDefense and Trial Counsel Appointed

•Enlisted may request 1/3 members be Enlisted may request 1/3 members be enlisted, from another commandenlisted, from another command

• GeneralGeneral– Punishment:Punishment:

•Confinement at hard laborConfinement at hard labor

•Total forfeiture of payTotal forfeiture of pay

•Dishonorable DischargeDishonorable Discharge

Punishment cont.Punishment cont.

•Officer DismissalOfficer Dismissal

•Life imprisonmentLife imprisonment

•Death PenaltyDeath Penalty

SECNAV Standards and SECNAV Standards and Rules of ConductRules of Conduct

• Bedrock Standards of Conduct for Bedrock Standards of Conduct for Navy PersonnelNavy Personnel– Loyalty to highest moral principles and to the Loyalty to highest moral principles and to the

country over persons or partycountry over persons or party– Full day’s labor for full day’s payFull day’s labor for full day’s pay– Never discriminateNever discriminate– Never use government info for personal profitNever use government info for personal profit– Uphold all principles conscious that public office Uphold all principles conscious that public office

is a public trustis a public trust