Transcript Navy Regulations and the UCMJ

Navy Regulations and the
UCMJ
Learning Objectives
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The student will know . . .
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(1) the purpose, scope, and constitutional basis
of U.S. Navy Regulations and the Uniform Code
of Military Justice and relate these regulations to
personal conduct in the military service.
Learning Objectives
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The student will know . . .
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(2) junior officer responsibilities relative to the
military justice system including familiarization
with non-judicial punishment (NJP), courtsmartial, and essential publications relating to
military justice, including:
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the proceedings of NJP and the punishment that may
be awarded at NJP.
the 3 types of courts-martial and the system of courtsmartial review.
U.S. Navy Regulations
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Things to know about Navy REGS:
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(1) Principal regulatory document for the
Department of the Navy (DON)
(2) Endowed with the sanction of law
(3) No other directive in the DON may conflict,
alter, or amend U.S. Navy Regulations
(4)The CNO is responsible for ensuring that
Navy Regs conform to the current needs of the
DON.
U.S. Navy Regulations
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Some Chapters
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2: Discusses origin, authority, and organization
found in the Navy Department
8: Duties of the Commanding Officer
9: Senior Officer Present (Definition & Authority)
10: Precedence, Authority, and Command
12: Honors and Ceremonies
http://neds.nebt.daps.mil/regs.htm
The Commanding Officer
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Responsibility for his command is absolute;
he may delegate authority, but not
responsibility.
Responsible for accomplishment of mission
and duties assigned.
Responsible for maintaining good order and
discipline.
Precedence, Authority and
Command
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Detailed in Chapter 10 of Navy Regs.
Shows relative rank and precedence of officers
of different services.
Discusses exercise of authority.
Authority over subordinates.
Contradictory and conflicting orders.
Succession of command.
Succession in battle.
Senior Officer Present
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Definition
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The senior line officer present
Authority
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SOPA shall assume command of all DON
personnel when deemed necessary.
Uniform Code of Military
Justice
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History
Purpose
Scope
Persons subject to UCMJ
Specific offenses from Naval Orientation
http://jaglink.jag.af.mil/ucmj.htm
Uniform Code of Military
Justice
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History and Background
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Phoenicians were first people to have strict laws
concerning military personnel
1775, “Rules for the Regulation of the Navy of
the United Colonies” was drafted by Congress
1950, Congress adopted the UCMJ (applies to
all the armed forces)
Uniform Code of Military
Justice
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Purpose
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Seeks to promote good order, high morals, and
discipline
Scope
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Applies to every aspect of military life
Uniform Code of Military
Justice
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Who is subject to the UCMJ?
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Active duty personnel
Reservists on active duty
US Naval Academy Midshipmen
Retired personnel receiving benefits
Civilians under martial law
NROTC Midshipmen on summer cruise
Punitive Articles of the UCMJ
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Some Articles
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Conspiracy (Art. 81)
Desertion (Art. 85)
Absence without Leave (Art. 86)
Missing Movement (Art. 87)
Disrespect Toward A Superior Commissioned
Officer (Art. 89)
Punitive Articles of the UCMJ
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More Articles
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Assaulting or Willfully Disobeying A Superior
Commissioned Officer (Art. 90)
Insubordinate Conduct Toward Warrant Officer,
Noncommissioned Officer, or Petty Officer (Art.
91)
Failure to Obey Order or Regulation (Art. 92)
Aiding the Enemy (Art. 104)
Spies (Art. 106)
Drunken or Reckless Driving (Art. 111)
Wrongful Use, Possession, etc. of Controlled
Substances (Art. 112a)
Punitive Articles of the UCMJ
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More Articles
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Murder (Art. 118)
Manslaughter (Art. 119)
Rape and Carnal Knowledge (Art. 120)
Assault (Art. 128)
Perjury (Art. 131)
Conduct Unbecoming an Officer and a Gentleman
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(Art. 133)
General Article (Art. 134) – Catch All
Non-Judicial Punishment
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What is NJP?
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In order to maintain good order and discipline
within his command, the UCMJ gives
commanding officers the authority to award
certain types of punishment when necessary.
It is NOT a trial! (No lawyers.)
Exacting standards of a court proceeding do not
apply (regarding evidence, etc.)
Non-Judicial Punishment
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History
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Greeks had NJP
Royal Navy commanders could sentence sailors
to death!
Today’s form of NJP was established in 1951
(Article 15 of UCMJ)
Non-Judicial Punishment
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Who may impose NJP?
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CO’s
Officers in Charge and their superiors
Who may receive NJP?
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Any military member
Non-Judicial Punishment
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Does the accused have the right to refuse
NJP?
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If they are attached to a shore command, yes.
They can choose a court-martial instead.
What about at sea?
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Members cannot refuse NJP because it could
undermine good order and discipline.
NJP Procedures
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Step 1:
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Someone is officially accused of committing an
offense.
A report chit is written up and sent to the Legal
officer.
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An officer (not in the accused’s chain of
command) does a preliminary investigation.
NJP Procedures
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Step 3: Executive Officer’s Inquiry (XOI)
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XO holds a pre-mast hearing
Makes recommendation to CO
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dismissal of case
award punishment at NJP
send to court-martial
NJP Procedures
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Step 4: Captain’s Mast
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CO stands behind podium
Division officer and chief are present
Accused is summoned
CO reads his/her rights
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Accused has right to make statement on own behalf
NJP Procedures
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Step 4: Captain’s Mast
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Commanding Officer
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weighs all evidence & statements
determines guilt or innocence and determines amount
& type of punishment
NJP Types of Punishment
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Extra duty (up to 45 days)
Restriction (up to 45 days)
Forfeiture of 1/2 month’s pay for 2 months
Reduction in rate (“Busting”)
Admonition & Reprimand
3 days bread and water
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at sea only
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(can only award to E-1 thru E-3)
Limits of Punishments
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Rank of CO or OIC limits what he can do.
O-4 (LCDR) to O-6 (CAPT) can award to an E-5
the following:
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1/2 month’s pay for 2 months
45 days restriction
45 days extra duty
Reduction in rate
NOT 3 days bread & water
Courts-martial
Types of Courts-Martial
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Summary
Special
General
Summary Court-Martial
Summary Court-Martial
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Jurisdiction
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Only for enlisted
Minor offenses (Non-capital)
Convening Authority: CO
Composition:
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(1) Commissioned Officer
Summary Court-Martial
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Types of punishment
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1 month confinement
Reduction in Rate
Forfeiture of Pay
Fines, Restriction
Accused CANNOT be discharged
Special Court-Martial
Special Court-Martial
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Jurisdiction
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Officers and enlisted
Serious non-capital offenses
Convening Authority
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CO of any ship, shipyard, base or station
Special Court-Martial
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Composition
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Military Judge and not less than 3 members
Military Judge ONLY (if requested)
Defense and trial counsel are appointed
Enlisted may request 1/3 of members be an
enlisted person from another command
Court hears evidence and votes on findings
Special Court-Martial
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Punishment
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Same as for Summary CM plus
Confinement with Hard Labor for 6 months
6 months forfeiture of 2/3 pay!
Dishonorable Discharge
General Court-Martial
General Court-Martial
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Jurisdiction
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Normally officers and for capital offenses
Convening Authority
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President
SECNAV
Fleet C-in-C
CO’s empowered by SECNAV or President
General Court-Martial
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Composition
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Military Judge and not less than 5 members
Military Judge ONLY (if offense non-capital and
requested)
Defense and trial counsel appointed
IF accused is enlisted, he/she can request 1/3 of
members be enlisted.
General Court-Martial
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Punishment
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Confinement at Hard Labor
Total forfeiture of pay
Dishonorable Discharge
Officer Dismissal
Life Imprisonment or Death Penalty
Potential Test Questions
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What document gives the Commanding
Officer his authority?
Describe the procedure for taking someone
to Captain’s Mast.
What types of punishments can be awarded
at Captain’s Mast?
Potential Test Questions
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Describe the make-up of a General CourtMartial.
What types of punishments can be awarded
at a Special Court-Martial?
What are the 3 different kinds of CourtMartial?
Which is used for strictly enlisted?