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Naval Science 402 Leadership and Ethics. Senior Seminar #1 Introduction to Military Justice and Discipline. Objectives. Comprehend the purpose, scope and constitutional basis of US Navy Regulations and the UCMJ and relate these regulations to personal conduct in the military service.

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Naval science 402 leadership and ethics

Naval Science 402Leadership and Ethics

Senior Seminar #1

Introduction to Military Justice

and Discipline


Objectives
Objectives

  • Comprehend the purpose, scope and constitutional basis of US Navy Regulations and the UCMJ and relate these regulations to personal conduct in the military service.

  • Comprehend junior officer roles and responsibilities relative to the military justice system and be aware of the essential publications relating to military justice.


Objectives1
Objectives

  • Know how discipline and punishment differ.

  • Know the correct requirements for using Extra Military Instruction (EMI) at the division level.*

  • Be aware of administrative methods used to maintain good discipline.


Purpose of military law

Purpose of Military Law

… to promote justice, to assist in maintaining good order and discipline in the armed forces, to promote efficiency and effectiveness in the military establishment, and thereby to strengthen the national security of the United States.

- MCM 2000



Sources of military naval law
Sources of Military / Naval Law

Constitution

  • Uniform Code of Military Justice (UCMJ)

  • Manual for Courts-Martial (MCM, 2000)

  • Judge Advocate General Manual (JAGMAN)

  • Service Regulations

    • U. S. Navy Regulations (1990)

    • SORM, Local Directives, etc.

  • Court Reviews


  • Military crimes
    Military Crimes

    • Generally have no civilian equivalent.

    • Required by military necessity for good order and discipline.

    • Examples:

      • Absence (AWOL, desertion …)

      • Offenses against authority

        • Disrespect, orders violations

      • Dereliction of duty

      • Fraternization


    Military justice
    Military Justice

    Enacted by a variety of methods:

    • Administrative

      • Counseling, Evaluations, Loss of Privileges, etc.

    • Disciplinary

      • Nonjudicial Punishment

    • Criminal Procedures

      • Courts-Martial


    JudicialCourt MartialNonjudicialNJPNon PunitiveLetter Non recommendation Non advancementCounselingOne on one DirectionLeadershipPersonal ExampleGuidance Supervision


    The difference between discipline and punishment
    The difference between Discipline and Punishment

    • Discipline

      • Voluntary compliance with naval standards of behavior.

      • … based on attitude; enforced by example, supervision, positive leadership.

    • Punishment

      • Failure of discipline.

      • Imposed with the objective of improving performance ( through punishing? ).

      • Legal requirements, restraints/constraints -- only the CO (or above) can impose.*



    Negative factors affecting discipline
    Negative Factors Affecting Discipline

    • Lack of interest, leadership by seniors

    • Lack of information flow to subordinates

    • Slackness in command

    • Instability in day-to-day operations

      • Frequent changes

      • Transfers


    Military court appeals process
    Military Court Appeals Process

    United States

    Supreme Court

    Court of Appeals

    (Armed Forces)

    Court of Criminal Appeals

    (Navy-Marine Corps)

    Court-Martial


    Non punitive administrative measures
    Non Punitive Administrative Measures

    • Extra Military Instruction

    • Administrative Withholding of Privileges

    • Nonpunitive Censure


    Extra military instruction jagman 0103
    Extra Military Instruction* JAGMAN 0103

    • Instruction imposed by officers / senior petty officers in a phase of military duty in which an individual is deficient.

    • Intended for and directed towards the correction of thatparticular deficiency.

    • Limitations

      • Conducted at a reasonable time outside normal working hours (CO must approve the after hours).

      • Max 2 hours/day, not on the member’s Sabbath.

      • Only as long as necessary.

      • Not used to deprive of liberty (not punishment).


    Rights and privileges examples

    Rights

    Liberty

    Right to privacy

    Procedural rights

    Rights of the accused

    to know the offense

    To counsel

    To testify

    Privileges

    Special Liberty

    Exchange of Duty

    Special Command Programs

    Access to Base or Ship Libraries

    Base or Ship Movies

    Clubs

    Base Parking

    Rights and Privileges(Examples)


    Nonpunitive censure
    Nonpunitive Censure

    • Not considered punishment.

    • Issued to remedy a noted deficiency in conduct or performance of duty.

    • Contents may include the following:

      • Identification of conduct or performance of duty deficiencies

      • Direction for improvement

      • Language of admonishment

      • Identification of sources of assistance

      • Outline of corrective action

      • Consequences of failing to correct the deficiencies.



    Next class the ucmj and navy regulations

    Next class – The UCMJ and Navy Regulations

    Reading Assignment

    Naval Law: pages 18 and 19

    MCM: Skim Appendix 2

    Read Section IV, Article 92

    ***Bring MCM to class***


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