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OVERVIEW

OVERVIEW. Need For Military Justice System Sources of Military Law Uniform Code of Military Justice (UCMJ) Manual for Courts Martial (MCM) Maintaining Discipline DoD Homosexual Policy Your Rights and Responsibilities. Military Justice. NEED FOR A SEPARATE MILITARY JUSTICE SYSTEM.

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OVERVIEW

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  1. OVERVIEW • Need For Military Justice System • Sources of Military Law • Uniform Code of Military Justice (UCMJ) • Manual for Courts Martial (MCM) • Maintaining Discipline • DoD Homosexual Policy • Your Rights and Responsibilities

  2. Military Justice

  3. NEED FOR A SEPARATE MILITARY JUSTICE SYSTEM • Crimes Unique to the Military • Discipline • Worldwide Operations

  4. NEED FOR A SEPARATE MILITARY JUSTICE SYSTEM • Crimes Unique to the Military • Absent Without Leave (AWOL) (Article 86) • Fraudulent Enlistment (Article 83) • Desertion (Article 85) • Missing A Movement (Article 87) • Disrespect Toward a Superior (Article 89) • Failure to Obey a Lawful Order (Article 92) • Misbehavior before the enemy (Article 99)

  5. NEED FOR A SEPARATE MILITARY JUSTICE SYSTEM • Discipline • The military justice system is the driving force behind discipline. • Discipline is critical to effective military operation.

  6. NEED FOR A SEPARATE MILITARY JUSTICE SYSTEM • World Wide Operations

  7. SOURCES OF MILITARY LAW • U.S. Constitution • International Law

  8. SOURCES OF MILITARY LAW • U.S. Constitution, Article I, Section 8 • “Congress shall have the power to make rules for the government and regulation of the land and naval forces.”

  9. SOURCES OF MILITARY LAW • U.S. Constitution, Article II, Section 2 • “The President shall be Commander in Chief of the Army and Navy of the United States....”

  10. SOURCES OF MILITARY LAW • Congress - writes the law • President - implements the laws through Executive Order

  11. SOURCES OF MILITARY LAW • International Law • Law of War - Customary and Treaty Law • Apply the amount and kind of force necessary for the purpose of war

  12. SOURCES OF MILITARY LAW • International Law • Geneva Conventions • Deals with humanitarian issues • No attacks on civilian populations • Avoidance of disproportionate suffering

  13. UCMJ / MCM • UCMJ (1950) • Part of the U.S. Code • Modified and consolidated the • Articles of War • Articles for the government of the Navy • Disciplinary laws of the Coast Guard • Contains the Punitive Articles (77-134)

  14. UCMJ/MCM • Manual for Courts-Martial (1995) • Not just a guide • Full force and effect of law • Binding on all personnel subject to the UCMJ • Implemented by Executive Order

  15. MAINTAINING DISCIPLINE • Preventive Discipline • Action taken to encourage members to follow standards and regulations to prevent infractions • The overall objective is to encourage self-discipline, rather than having discipline imposed by superiors

  16. MAINTAINING DISCIPLINE • Corrective Discipline • Action subsequent to a rule infraction • It seeks to discourage further infractions and to ensure that further acts are in compliance with standards

  17. MAINTAINING DISCIPLINE • Corrective Discipline - 3 GOALS • To reform the offender • To deter others from similar actions • To maintain consistent, effective group standards

  18. MAINTAINING DISCIPLINE • Corrective Tools / Nonpunitive Actions • Letter of Counseling • Letter of Reprimand • Unfavorable Information File • Control Roster

  19. MAINTAINING DISCIPLINE • Letter of Counseling • Document verbal counseling • Late • No Shows • Sloppy Uniform • Traffic Ticket

  20. MAINTAINING DISCIPLINE • Letter of Reprimand • Official censure of inefficiency, impropriety, or misconduct.

  21. MAINTAINING DISCIPLINE • Unfavorable Information File (UIF) • Repository at MPF • Contains information concerning a • person’s duty performance and • conduct UIF UIF UIF

  22. MAINTAINING DISCIPLINE • UIF - What’s in it? • Article 15 • Letter of Reprimand • Counseling Documents (as attachments only)

  23. MAINTAINING DISCIPLINE • Control Rosters • List the names of people whose conduct, bearing, integrity, or duty performance require special attention, observation, evaluation, or rehabilitation. • Assists commanders and supervisors in controlling and managing those members.

  24. MAINTAINING DISCIPLINE • Control Rosters • Give the person a chance to improve in their deficient area within a specific time period. • If placed on a control roster, the individual would be ineligible for reenlistment, promotion, PME in residence, or PCS.

  25. MAINTAINING DISCIPLINE • Punitive Actions • Article 15 • Summary Court-Martial • Special Court-Martial • General Court-Martial

  26. MAINTAINING DISCIPLINE • Nonjudicial Punishment - Article 15 • For minor offenses • Imposed by the commander • Punishment depends on rank of offender/commander • Member may request trial by court-martial in lieu of Article 15

  27. MAINTAINING DISCIPLINE • Judicial Punishment • Summary Court-Martial • Special Court-Martial • General Court-Martial

  28. MAINTAINING DISCIPLINE • Summary Court-Martial • Tries minor offenses • For enlisted members only • One officer acts as judge • Limited punishment

  29. MAINTAINING DISCIPLINE • Special Court-Martial • Tries intermediate offenses • Military judge / 3 members (minimum) • Limited Punishments

  30. MAINTAINING DISCIPLINE • General Court-Martial • Most serious offenses • Military judge / 5 members (minimum) • Maximum punishment

  31. YOUR LEGAL RIGHTS • Involuntary self-incrimination • Right to counsel • Search & Seizure

  32. DOD HOMOSEXUAL POLICY • Homosexuality is inconsistent with military service. • POPULARLY KNOWN AS: Don’t ask, don’t tell.

  33. DOD HOMOSEXUAL POLICY • Sexual orientation considered personal/private matter • Air Force applicant or member will not be asked to reveal sexual orientation or whether they have engaged in homosexual conduct • Homosexual orientation is not a bar to entry or continued service unless it’s manifested by homosexual conduct

  34. DOD HOMOSEXUAL POLICY • Homosexual Conduct: • Act • Statement • Marriage/attempted marriage • Between two persons of the same sex

  35. DOD HOMOSEXUAL POLICY • Homosexual Conduct • Act: Bodily contact, actively taken or passively permitted, between members of the same sex for the purpose of satisfying sexual desires or any bodily contact that a reasonable person would understand to demonstrate a propensity or intent to engage in homosexual acts

  36. DOD HOMOSEXUAL POLICY • Homosexual Conduct • Statement: When a member says he/she is homosexual or bisexual, or words to that effect

  37. DOD HOMOSEXUAL POLICY • Homosexual Conduct • Marriage: Two members of the same sex marrying or attempting to marry

  38. DOD HOMOSEXUAL POLICY • Consequences of Homosexual Conduct • Accessions: Applicant for entry shall be rejected if there is independent evidence demonstrating the applicant has engaged in homosexual conduct

  39. DOD HOMOSEXUAL POLICY • Consequences of Homosexual Conduct • Separations: Mandatory for a commander to initiate administrative separation action against a member if there is probable cause to believe the person engaged in homosexual conduct • If discharge board recommends discharge, the characterization will usually be either honorable or general (under honorable conditions)

  40. DOD HOMOSEXUAL POLICY • Inquiries and Investigations • Prohibited if doing to solely determine sexual orientation. • Limit to the facts surrounding a specific allegation of homosexual conduct

  41. DOD HOMOSEXUAL POLICY • Inquiries and Investigations • Commanders should conduct fact-finding inquiries when they have credible information that a member has engaged in homosexual conduct • If credible, commander should contact base staff judge advocate for further guidance

  42. MAINTAINING DISCIPLINE • Your Responsibilities • Comply with standards • Enforce standards • Don’t condone misconduct

  43. SUMMARY • Need for Military Justice System • Sources of Military Law • Uniform Code of Military Justice (UCMJ) • Manual for Courts Martial (MCM) • Maintaining Discipline • DoD Homosexual Policy • Your Responsibilities

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