Nature and purpose of military law
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Nature and Purpose of Military Law. Military Justice – Week 1 Jay Canham. Purpose of Military Law. To support the orderly existence of the Armed Forces! For the Armed Forces to effectively exist, there is a need for a certain amount of preparedness , security , discipline , and morale.

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Military Justice – Week 1 Jay Canham

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Nature and Purpose of Military Law

Military Justice – Week 1Jay Canham


Purpose of Military Law

To support the orderly existence of the Armed Forces! For the Armed Forces to effectively exist, there is a need for a certain amount of preparedness, security, discipline, and morale.


Missions of Military Law

  • Promote Justice

  • Assist in maintaining good order and discipline in the Armed Forces

  • Promote efficiency and effectiveness in the military


Promote Justice

  • Preserve constitutional rights and ensure the fair treatment of service members

  • Balance the Military Mission and Due Process Rights within the framework of the Constitution


Promote Good Order and Discipline

  • Create a judicial system that will promote good order and discipline….an enforcement mechanism which essentially keeps warriors in line versus a process which protects individual freedoms and rights.


Promote Efficiency and Effectiveness

  • Allows us to have an Armed Force which will defend the United States and to seek out an enemy of our country and destroy them.


HISTORY & SOURCES OF MILITARY LAW

Article 1 of the U.S. Constitution forms the foundation of military law and provides:

  • that Congress has the responsibility to make rules to regulate the military;

  • it also establishes the President as Commander in Chief of the armed forces.


The Uniform Code of Military Justice (UCMJ)

  • The criminal code for all U.S. military personnel

  • Creates a military justice system capable of operating in times of peace or conflict, home or abroad

  • It is amended periodically to reflect changes in the federal and military justice systems.

  • Additionally, under the UCMJ, Congress has authorized the President to prescribe regulations & procedures in courts-martial.


The President’s Role in Military Justice

  • Promote and maintain good order and discipline; and

  • Make rules for courts-martial & set maximum punishments; and

  • Appoint judges to the highest courts.


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