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OVERVIEW

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  1. OVERVIEW • Need For Military Justice System • Sources of Military Law • Uniform Code of Military Justice (UCMJ) • Manual for Courts Martial (MCM) • Maintaining Discipline • DoD Homosexual Policy • Your Rights and Responsibilities

  2. Military Justice

  3. NEED FOR A SEPARATE MILITARY JUSTICE SYSTEM • Crimes Unique to the Military • Discipline • Worldwide Operations

  4. NEED FOR A SEPARATE MILITARY JUSTICE SYSTEM • Crimes Unique to the Military • Absent Without Leave (AWOL) (Article 86) • Fraudulent Enlistment (Article 83) • Desertion (Article 85) • Missing A Movement (Article 87) • Disrespect Toward a Superior (Article 89) • Failure to Obey a Lawful Order (Article 92) • Misbehavior before the enemy (Article 99)

  5. NEED FOR A SEPARATE MILITARY JUSTICE SYSTEM • Discipline • The military justice system is the driving force behind discipline. • Discipline is critical to effective military operation.

  6. NEED FOR A SEPARATE MILITARY JUSTICE SYSTEM • World Wide Operations

  7. SOURCES OF MILITARY LAW • U.S. Constitution • International Law

  8. SOURCES OF MILITARY LAW • U.S. Constitution, Article I, Section 8 • “Congress shall have the power to make rules for the government and regulation of the land and naval forces.”

  9. SOURCES OF MILITARY LAW • U.S. Constitution, Article II, Section 2 • “The President shall be Commander in Chief of the Army and Navy of the United States....”

  10. SOURCES OF MILITARY LAW • Congress - writes the law • President - implements the laws through Executive Order

  11. SOURCES OF MILITARY LAW • International Law • Law of War - Customary and Treaty Law • Apply the amount and kind of force necessary for the purpose of war

  12. SOURCES OF MILITARY LAW • International Law • Geneva Conventions • Deals with humanitarian issues • No attacks on civilian populations • Avoidance of disproportionate suffering

  13. UCMJ / MCM • UCMJ (1950) • Part of the U.S. Code • Modified and consolidated the • Articles of War • Articles for the government of the Navy • Disciplinary laws of the Coast Guard • Contains the Punitive Articles (77-134)

  14. UCMJ/MCM • Manual for Courts-Martial (1995) • Not just a guide • Full force and effect of law • Binding on all personnel subject to the UCMJ • Implemented by Executive Order

  15. MAINTAINING DISCIPLINE • Preventive Discipline • Action taken to encourage members to follow standards and regulations to prevent infractions • The overall objective is to encourage self-discipline, rather than having discipline imposed by superiors

  16. MAINTAINING DISCIPLINE • Corrective Discipline • Action subsequent to a rule infraction • It seeks to discourage further infractions and to ensure that further acts are in compliance with standards

  17. MAINTAINING DISCIPLINE • Corrective Discipline - 3 GOALS • To reform the offender • To deter others from similar actions • To maintain consistent, effective group standards

  18. MAINTAINING DISCIPLINE • Corrective Tools / Nonpunitive Actions • Letter of Counseling • Letter of Reprimand • Unfavorable Information File • Control Roster

  19. MAINTAINING DISCIPLINE • Letter of Counseling • Document verbal counseling • Late • No Shows • Sloppy Uniform • Traffic Ticket

  20. MAINTAINING DISCIPLINE • Letter of Reprimand • Official censure of inefficiency, impropriety, or misconduct.

  21. MAINTAINING DISCIPLINE • Unfavorable Information File (UIF) • Repository at MPF • Contains information concerning a • person’s duty performance and • conduct UIF UIF UIF

  22. MAINTAINING DISCIPLINE • UIF - What’s in it? • Article 15 • Letter of Reprimand • Counseling Documents (as attachments only)

  23. MAINTAINING DISCIPLINE • Control Rosters • List the names of people whose conduct, bearing, integrity, or duty performance require special attention, observation, evaluation, or rehabilitation. • Assists commanders and supervisors in controlling and managing those members.

  24. MAINTAINING DISCIPLINE • Control Rosters • Give the person a chance to improve in their deficient area within a specific time period. • If placed on a control roster, the individual would be ineligible for reenlistment, promotion, PME in residence, or PCS.

  25. MAINTAINING DISCIPLINE • Punitive Actions • Article 15 • Summary Court-Martial • Special Court-Martial • General Court-Martial

  26. MAINTAINING DISCIPLINE • Nonjudicial Punishment - Article 15 • For minor offenses • Imposed by the commander • Punishment depends on rank of offender/commander • Member may request trial by court-martial in lieu of Article 15

  27. MAINTAINING DISCIPLINE • Judicial Punishment • Summary Court-Martial • Special Court-Martial • General Court-Martial

  28. MAINTAINING DISCIPLINE • Summary Court-Martial • Tries minor offenses • For enlisted members only • One officer acts as judge • Limited punishment

  29. MAINTAINING DISCIPLINE • Special Court-Martial • Tries intermediate offenses • Military judge / 3 members (minimum) • Limited Punishments

  30. MAINTAINING DISCIPLINE • General Court-Martial • Most serious offenses • Military judge / 5 members (minimum) • Maximum punishment

  31. YOUR LEGAL RIGHTS • Involuntary self-incrimination • Right to counsel • Search & Seizure

  32. DOD HOMOSEXUAL POLICY • Homosexuality is inconsistent with military service. • POPULARLY KNOWN AS: Don’t ask, don’t tell.

  33. DOD HOMOSEXUAL POLICY • Sexual orientation considered personal/private matter • Air Force applicant or member will not be asked to reveal sexual orientation or whether they have engaged in homosexual conduct • Homosexual orientation is not a bar to entry or continued service unless it’s manifested by homosexual conduct

  34. DOD HOMOSEXUAL POLICY • Homosexual Conduct: • Act • Statement • Marriage/attempted marriage • Between two persons of the same sex

  35. DOD HOMOSEXUAL POLICY • Homosexual Conduct • Act: Bodily contact, actively taken or passively permitted, between members of the same sex for the purpose of satisfying sexual desires or any bodily contact that a reasonable person would understand to demonstrate a propensity or intent to engage in homosexual acts

  36. DOD HOMOSEXUAL POLICY • Homosexual Conduct • Statement: When a member says he/she is homosexual or bisexual, or words to that effect

  37. DOD HOMOSEXUAL POLICY • Homosexual Conduct • Marriage: Two members of the same sex marrying or attempting to marry

  38. DOD HOMOSEXUAL POLICY • Consequences of Homosexual Conduct • Accessions: Applicant for entry shall be rejected if there is independent evidence demonstrating the applicant has engaged in homosexual conduct

  39. DOD HOMOSEXUAL POLICY • Consequences of Homosexual Conduct • Separations: Mandatory for a commander to initiate administrative separation action against a member if there is probable cause to believe the person engaged in homosexual conduct • If discharge board recommends discharge, the characterization will usually be either honorable or general (under honorable conditions)

  40. DOD HOMOSEXUAL POLICY • Inquiries and Investigations • Prohibited if doing to solely determine sexual orientation. • Limit to the facts surrounding a specific allegation of homosexual conduct

  41. DOD HOMOSEXUAL POLICY • Inquiries and Investigations • Commanders should conduct fact-finding inquiries when they have credible information that a member has engaged in homosexual conduct • If credible, commander should contact base staff judge advocate for further guidance

  42. MAINTAINING DISCIPLINE • Your Responsibilities • Comply with standards • Enforce standards • Don’t condone misconduct

  43. SUMMARY • Need for Military Justice System • Sources of Military Law • Uniform Code of Military Justice (UCMJ) • Manual for Courts Martial (MCM) • Maintaining Discipline • DoD Homosexual Policy • Your Responsibilities