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Evolution and Jurisdiction o f Military Law

Evolution and Jurisdiction o f Military Law. Overview. Evolution of the Military Justice System Uniform Code of Military Justice (UCMJ) Manual for Courts-Martial (MCM) Uniqueness of the Military Justice System Need for Discipline Requirements for Jurisdiction

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Evolution and Jurisdiction o f Military Law

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  1. Evolution and Jurisdiction of Military Law

  2. Overview • Evolution of the Military Justice System • Uniform Code of Military Justice (UCMJ) • Manual for Courts-Martial (MCM) • Uniqueness of the Military Justice System • Need for Discipline • Requirements for Jurisdiction • Courts-Martial Requirements • Types of Courts-Martial

  3. Origins of MilitaryJustice System • William the Conqueror • King Gustavus of Sweden • Courts-martial traced to Romans

  4. Origins of UCMJ • First American Articles of War • Constitution balanced power between president/Congress • President designated Commander-in-Chief • Congress raises, maintains, makes rules • Elston Act of 1948

  5. Purpose of MCM • Establishes maximum limits for punishments • Sets clear consistent procedures

  6. Relationship BetweenMilitary Law & Discipline Military discipline based on triangle of: TRAINING CUSTOMS JUSTICE

  7. Courts-MartialRequirements • Legally convened • Properly constituted • Power to try accused • Power to try for offenses charged • Adjudge punishment within its powers • Accused must be on active duty

  8. Three Types of Courts-Martial • Summary • Special • General

  9. Summary Court-Martial • No jury • Tries less serious crimes • Trial occurs shortly after an arrest

  10. Summary Court-MartialJurisdiction Limitations • May not try officers • May not try a capital offense • Accused may decline a summary court • Tried by special or general court

  11. Summary Court-MartialMaximum Punishments • Confinement for one month • Hard labor w/o confinement for 45 days • Restriction for two months • Forfeiture of 2/3 pay (one month) • Reduction to next lower grade (SSgt+) • Reduction to Airman Basic (Below SSgt)

  12. Special Court-MartialPunishments • Bad conduct discharge • Confinement for not more than one year • Hard labor w/o confinement (3 months) • Restriction not to exceed 2 months • Forfeiture 2/3 pay/month (Up to a year) • Reduction in grade

  13. General Court-MartialPunitive Discharges • Dismissal from service (officer only) • Dishonorable discharge (enlisted) • Bad conduct discharge (enlisted) • Confinement

  14. Offenses of a Civil Nature • Murder • Robbery • Assault 14

  15. Offenses of Military Nature • AWOL • Sleeping on duty • Disobedience • Conduct unbecoming an officer

  16. Summary • Evolution of the Military Justice System • Uniform Code of Military Justice (UCMJ) • Manual for Courts-Martial (MCM) • Uniqueness of the Military Justice System • Need for Discipline • Requirements for Jurisdiction • Courts-Martial Requirements • Types of Courts-Martial

  17. Evolution and Jurisdiction of Military Law

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