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Military Justice – Week 1 Jay Canham

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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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purpose of military law
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
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
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
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
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 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
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.