Uniform Code of Military Justice
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The Uniform Code of Military Justice (UCMJ, 64 Stat. 109, 10 U.S.C. Chapter 47), is the foundation of military law in the United States. The UCMJ applies to all members of the Uniformed services of the United States: the Air Force, Army, Coast Guard, Marine Corps, Navy, National Oceanic and Atmospheric Administration Commissioned Corps, and Public Health Service Commissioned Corps. The Coast Guard is administered under Title 14 of the United States Code when not operating as part of the U.S. Navy. However, commissioned members of the NOAA and PHS are only subject to the UCMJ when attached or detailed to a military unit or are militarized by presidential executive order.
Members of the military Reserve Components under Title 10 of the United States Code (Army Reserve, Navy Reserve, Air Force Reserve, and Marine Forces Reserve) or Title 14 of the United States Code, Coast Guard Reserve when not operating as part of the U.S. Navy, are subject to the UCMJ if they are either (a) active duty Full-Time Support personnel such as FTS or Active Guard and Reserve (AGR), or (b) traditional part-time reservists performing either (a) full-time active duty for a specific period (i.e., Annual Training, Active Duty for Training, Active Duty for Operational Support, Active Duty Special Work, One Year Recall, Three Year Recall, Canvasser Recruiter, Mobilization, etc.), or (b) performing Inactive Duty (i.e. Inactive Duty Training, Inactive Duty Travel and Training, Unit Training Assembly, Additional Training Periods, Additional Flying Training Periods, Reserve Management Periods, etc., all of which are colloquially known as "drills").
Soldiers and airmen in the National Guard of the United States are subject to the UCMJ only if activated in a Federal capacity under Title 10 by an executive order issued by the President. Otherwise, members of the National Guard of the United States are exempt from the UCMJ. However, under Title 32 orders, National Guard soldiers are still subject to their respective state codes of Military justice.
Cadets and midshipmen at the United States Military Academy, United States Naval Academy, United States Air Force Academy, United States Merchant Marine Academy, and United States Coast Guard Academy are also subject to the UCMJ. On the other hand, Reserve Officers' Training Corps (ROTC) cadets and midshipmen are by law exempt from the UCMJ (even while on active duty for training such as CTLT, LTC, LDAC, or while attending various training schools such as Airborne School, Air Assault School, Mountain Warfare School, etc.).
Members of military auxiliaries such as the Civil Air Patrol and the Coast Guard Auxiliary are not subject to the UCMJ. However, members of the Coast Guard Auxiliary can be called by the Commandant of the Coast Guard into the Temporary Reserve, in which case they become subject to the UCMJ.
Retired members of the uniformed services who are entitled to retirement pay are also subject to the UCMJ, as are retired reservists who are receiving hospital care in the VA system.
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[edit] History
On 30 June 1775, the Second Continental Congress established 69 Articles of War to govern the conduct of the Continental Army.
Effective upon its ratification in 1789, Article I, Section 8 of the United States Constitution provided that Congress has the power to regulate the land and naval forces.[1] On 10 April 1806, the United States Congress enacted 101 Articles of War (which applied to both the Army and the Navy), which were not significantly revised until over a century later. The military justice system continued to operate under the Articles of War until 31 May 1951, when the Uniform Code of Military Justice went into effect.
The UCMJ was passed by Congress on 5 May 1950, signed into law by President Harry S. Truman, and became effective on 31 May 1951. The word Uniform in the Code's title refers to the congressional intent to make military justice uniform or consistent among the armed services.
The current version is printed in the latest version of the Manual for Courts-Martial (2008), incorporating changes made by the President (executive orders) and National Defense Authorization Acts 2006 and 2007.
[edit] Current Subchapters
The UCMJ is found in Title 10, Subtitle A, Part II, Chapter 47 of the United States Code.
| Subchapter | Title | Section | Article |
|---|---|---|---|
| I | General Provisions | § 801 | 1 |
| II | Apprehension and Restraint | § 807 | 7 |
| III | Non-Judicial Punishment | § 815 | 15 |
| IV | Court-Martial Jurisdiction | § 816 | 16 |
| V | Composition of Courts-Martial | § 822 | 22 |
| VI | Pre-Trial Procedure | § 830 | 30 |
| VII | Trial Procedure | § 836 | 36 |
| VIII | Sentences | § 855 | 55 |
| IX | Post-Trial Procedure and Review of Courts-Martial | § 859 | 59 |
| X | Punitive Articles | § 877 | 77 |
| XI | Miscellaneous Provisions | § 935 | 135 |
| XII | Court of Appeals for the Armed Forces | § 941 | 141 |
[edit] General Provisions
Subchapter I, "General Provisions" has six sections (articles):
| Section | Article | Title |
|---|---|---|
| § 801 | 1 | Definitions |
| § 802 | 2 | Persons subject to this chapter |
| § 803 | 3 | Jurisdiction to try certain personnel |
| § 804 | 4 | Dismissed officer's right to trial by court-martial |
| § 805 | 5 | Territorial applicability of this chapter |
| § 806 | 6 | Judge advocates and legal officers |
| § 806a | 6a | Investigation and disposition of matters pertaining to the fitness of military judges |
Article 1, "Definitions", defines terms used in the rest of the UCMJ: "Judge Advocate General", "the Navy, the Marine Corps and the Coast Guard when it is operating as a service in the Navy, shall be considered as one armed force", "officer in charge", "superior commissioned officer", "cadet", "midshipman", "military", "accuser", "military judge", "law specialist", "legal officer", "judge advocate", "record", "classified information" and "national security".10 U.S.C. § 801 (Article 1. Definitions)
[edit] Pre-Trial Procedure
| Section | Article | Title |
|---|---|---|
| § 830. | 30 | Charges and specifications |
| § 831 | 31 | Compulsory self-incrimination prohibited |
| § 832 | 32 | Investigation |
| § 833 | 33 | Forwarding of charges |
| § 834 | 34 | Advice of staff judge advocate and reference for trial |
| § 835 | 35 | Service of charges |
Under Article 31, coercive self-incrimination is prohibited as a right under the Fifth Amendment. Arresting officers utilize the Article 31 warning and waiver as a means to prevent this self-incrimination, much like the Miranda warning. Article 31 was already well-established before Miranda.
[edit] Punitive Articles
Subchapter X, "Punitive Articles," is the subchapter that details offenses under the uniform code:
| Section | Article | Title |
|---|---|---|
| § 877 | 77 | Principals |
| § 878 | 78 | Accessory after the fact |
| § 879 | 79 | Conviction of lesser included offense. |
| § 880 | 80 | Attempts |
| § 881 | 81 | Conspiracy |
| § 882 | 82 | Solicitation |
| § 883 | 83 | Fraudulent enlistment, appointment, or separation |
| § 884 | 84 | Unlawful enlistment, appointment, or separation |
| § 885 | 85 | Desertion |
| § 886 | 86 | Absence without leave |
| § 887 | 87 | Missing movement |
| § 888 | 88 | Contempt toward officials |
| § 889 | 89 | Disrespect toward superior commissioned officer |
| § 890 | 90 | Assaulting or willfully disobeying superior commissioned officer |
| § 891 | 91 | Insubordinate conduct toward warrant officer, noncommissioned officer, or petty officer |
| § 892 | 92 | Failure to obey order or regulation |
| § 893 | 93 | Cruelty and maltreatment |
| § 894 | 94 | Mutiny or sedition |
| § 895 | 95 | Resistance, flight, breach of arrest, and escape |
| § 896 | 96 | Releasing prisoner without proper authority |
| § 897 | 97 | Unlawful detention |
| § 898 | 98 | Noncompliance with procedural rules |
| § 899 | 99 | Misbehavior before the enemy |
| § 900 | 100 | Subordinate compelling surrender |
| § 901 | 101 | Improper use of countersign |
| § 902 | 102 | Forcing a safeguard |
| § 903 | 103 | Captured or abandoned property |
| § 904 | 104 | Aiding the enemy |
| § 905 | 105 | Misconduct as prisoner |
| § 906 | 106 | Spies |
| § 906a | 106a | Espionage |
| § 907 | 107 | False official statements |
| § 908 | 108 | Military property of United States—Loss, damage, destruction, or wrongful disposition |
| § 909 | 109 | Property other than military property of United States—waste, spoilage, or destruction |
| § 910 | 110 | Improper hazarding of vessel |
| § 911 | 111 | Drunken or reckless operation of a vehicle, aircraft, or vessel |
| § 912 | 112 | Drunk on duty |
| § 912a | 112a | Wrongful use, possession, etc., of controlled substances |
| § 913 | 113 | Misbehavior of sentinel |
| § 914 | 114 | Dueling |
| § 915 | 115 | Malingering |
| § 916 | 116 | Riot or breach of peace |
| § 917 | 117 | Provoking speeches or gestures |
| § 918 | 118 | Murder |
| § 919 | 119 | Manslaughter |
| § 919 | 119a | Death or injury of an unborn child |
| § 920 | 120 | Rape and carnal knowledge |
| § 920a | 120a | Stalking |
| § 921 | 121 | Larceny and wrongful appropriation |
| § 922 | 122 | Robbery |
| § 923 | 123 | Forgery |
| § 923a | 123a | Making, drawing, or uttering check, draft, or order without sufficient funds |
| § 924 | 124 | Maiming |
| § 925 | 125 | Sodomy |
| § 926 | 126 | Arson |
| § 927 | 127 | Extortion |
| § 928 | 128 | Assault |
| § 929 | 129 | Burglary |
| § 930 | 130 | Housebreaking |
| § 931 | 131 | Perjury |
| § 932 | 132 | Frauds against the United States |
| § 933 | 133 | Conduct unbecoming an officer and a gentleman |
| § 934 | 134 | General article |
Note that Article 134 encompasses offenses that are not specifically listed in the Manual for Courts-Martial, That is to say, "all disorders and neglects to the prejudice of good order and discipline in the armed forces, all conduct of a nature to bring discredit upon the armed forces, and crimes and offenses not capital, of which persons subject to this chapter may be guilty,". Article 134 is often considered to be a "catch-all" for various offenses that aren't necessarily covered by the other articles in the UCMJ. Article 134 offenses include disloyal statements, abusing public animal, adultery, bigamy, bribery and graft, drinking liquor with prisoner, fleeing scene of accident, fraternization, gambling with subordinate, et al. It’s colloquially referred to as the “Write your own law” or “Don’t be stupid” article, and reflect acts that are not specifically listed, but nevertheless committed, by military personnel that negatively impact the service, unit, etc.
[edit] Further reading
DA Pam 27-9 Military Judges Benchbook (.PDF)
Military Law Review. ISSN 0026-4040
[edit] See also
- Judge Advocate General's Corps
- Manual for Courts-Martial
- Military law
- Military rule
- Military courtesy
- Military of the United States
- Uniformed services of the United States
- Military Expression
[edit] Notes
[edit] External links
- Uniform Code of Military Justice
- Manual for Courts-Martial United States (2008 Edition) Caution: 5.54 MB PDF document.
- The original version of the MCM from the Library of Congress Caution: 5.53 MB PDF document.
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