Transcript Navy Regulations and the Uniform Code of Military Justice

Uniform Code of Military
Justice and Navy Regulations
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
• 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
• U.S. Navy Regulations
• Military Law
• Manual for Courts-Martial
• Manual of the Judge Advocate General
• JAGINST 5800.7C
References and Texts
• Law for the Junior Officer
• Standards of Conduct and Government
Ethics
• SECNAVINST 5370.2
• The Bluejackets' Manual
U.S. Navy Regulations
• Principal regulatory document of the
Department of the Navy (DON)
• Endowed with the sanction of Law
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
• 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
• 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)
• 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)
• 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
• 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
• 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
• Purpose - Seeks to promote good order,
high moral, and discipline
• Scope - Applies to every aspect of military
life
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
• Can be tried even after leaving service for
crime committed while in service.
• Can be tried "double jeopardy" in
conjunction with civilian trial
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 courtmartial for the Death Penalty. NJP started
in 1951 with application of Article 15 of the
UCMJ
NJP
• Who may impose NJP?
– Commanding Officer’s
– OIC’s (Officers-in-Charge) or their
commanders
UCMJ
• Who may receive NJP?
– Any military member
• Right to Refuse?
– Ashore - member may refuse NJP and elect courtmartial
– At Sea - no option to refuse NJP because it could
undermine good order and discipline.
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
• 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
• 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
• XOI - Executive Officer Inquiry
– Same type proceeding as NJP
– Usually awarded page 13 entry
(Administrative) if not sent to 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
• Punishment - Officers
– Reprimand
– Restriction
– Arrest in Quarters
– Forfeiture of pay
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
• 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
• 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
• Special
– Jurisdiction: Officers and Enlisted - serious
non-capital offenses
– Convening Authority: Commanding Officer of
any ship, shipyard, base or station
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
• 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
• 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
• 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.
• Officer Dismissal
• Life imprisonment
• Death Penalty
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