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. It was established by the United States Congress in accordance with the authority given by the United States Constitution in Article I, Section 8, which provides that "The Congress shall have Power . . . To make Rules for the Government and Regulation of the land and naval forces."

Contents [show] 1 Jurisdiction over service members 2 History 3 Current Subchapters 3.1 General Provisions 3.2 Pre-Trial Procedure 3.3 Punitive Articles 4 Non-Judicial Punishment 5 Complaints of Wrongs 6 Further reading 7 See also 8 Notes 9 External links

[edit] Jurisdiction over service members

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, Marine Forces Reserve, and Air Force 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, even when participating in missions assigned by the military or other branches of government. 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.

[edit] History

Further information: Articles of War

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 of the UCMJ is printed in the latest edition of the Manual for Courts-Martial (2008), incorporating changes made by the President (executive orders) and National Defense Authorization Acts of 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.
Article 32 refers to the pre-trial investigation and hearing conducted before charges are referred to trial for court-martial. It may be conducted by a Judge Advocate General (JAG) officer or non-JAG officer.

[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

The General Article (Article 134) encompasses offenses that are not specifically listed in the Manual for Courts-Martial: 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 reflect acts that are not specifically listed, but nevertheless committed, by military personnel that negatively impact the service, unit, etc.^{[citation needed]} Moreover, it includes offenses which are not considered criminal in civilian legal codes.

[edit] Non-Judicial Punishment

Main article: Nonjudicial punishment

Under Article 15 of the Code (Subchapter III), military commanders have the authority to exercise non-judicial punishment (NJP) over their subordinates for minor breaches of discipline. These punishments are carried out after a hearing before the commander, but without a judge or jury. Punishments are limited to reduction in rank, loss of pay, restrictions of privileges, extra-duty, reprimands, and, aboard ships, confinement. Guidelines for the imposition of NJP are contained in Part V of the Manual for Courts-martial and the various service regulations.

[edit] Complaints of Wrongs

Article 138 of the UCMJ provides that any service member may bring a complaint of wrongs against their commanding officer to the officer exercising general court-martial authority over the commander. That officer will investigate the complaint of wrongs and then report the findings of the investigation to the service Secretary (e.g., Secretary of the Army, Navy, Air Force) concerned.

[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

1. ^ U.S. Const., Art. I, Sec. 8

[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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