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Military Justice – Week 1 Jay Canham

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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  1. Nature and Purpose of Military Law Military Justice – Week 1Jay Canham

  2. 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.

  3. Missions of Military Law • Promote Justice • Assist in maintaining good order and discipline in the Armed Forces • Promote efficiency and effectiveness in the military

  4. 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

  5. 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.

  6. 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.

  7. 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.

  8. 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.

  9. 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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