NVSC 402 Final

Corporateness

A sense of organic unity and consciousness of themselves as a group apart

Shared identity and control over membership

Expertise

Unique and necessary skills that members are granted authority to practice

Competence

The quality or state of having sufficient knowledge, judgement, skill, or strength for a particular duty or in a particular respect

Discipline

Control gained by enforcing obedience or order

Orderly or prescribed conduct or pattern of behavior

Consistency of action within a set of values and standards

Virtues → values/beliefs model

Organizational and individual values and beliefs → Value and belief reconciliation (Adoption/integration or Conformity/compliance) → Behavior demonstration through desired virtues

Responsibility

The condition of being responsible — that of an obligation or power to act or respond. Responsibility carries the additional subtext of claim, credit , or blame, and sometimes trust

Accountability

Being accountable or to give an account entails the need to explain one’s actions or to provide the balancing of sums

Culpability

The state of being culpable and often defined as being responsible for a fault or deserving blame. Culpability is solely associated with blame.

Good Order & Discipline (Tippett)

Individual and collective consistency of action within a set of established values and standards for the purpose of enabling a team to effectively and efficiently accomplish their assigned tasks and missions.

Socialization and Discipline

Socialization tactics (Co-optation, Incrementalism, Compromise) can be used to instill ethical or unethical behavior

Pride and Shame (Obedience)

Incentivize behavior through praise to generate pride

Disincentivize behavior through condemning/rebuking to generate guilt or shame

Good Order & Discipline Cake

Trust

Discipline, Justice

Morale/Esprit de Corps, Commitment, Unity of Command/Direction, Effective Communication, Respect, Fairness

Justice

The maintenance or administration of what is just especially by the impartial adjustment of conflicting claims or the assignment of merited awards or punishments

The quality of being just, impartial, or fair

The principle or ideal of just dealing or right action

Military Justice

Retributive or Procedural

Retributive Justice

Seeks to punish wrongdoers objectively and proportionately

Procedural Justice

Refers to implementing legal decisions in accordance with fair and unbiased processes

Application of responsibility, accountability, and culpability

What is going on/What happened?

What do I have to do about it?

What should I do about it?

UCMJ Chart

Inquiry & Investigation

Tools for gathering information to determine the type of military justice necessary

Preliminary Inquiry

Most Frequent investigation, conducted by Junior Officers

72 Hrs to complete

Military rules of evidence apply

Should answer “What happened?” so the CO can decide what to do

Line of Duty/Misconduct Investigation

Required when injury or disease occurs that prevents the service member from performing their duties for >24 hours (Includes Death)

Determination informs survivor benefits & disability pay

1st priority: was the injury/illness sustained in the line of duty, or as a result of misconduct? When in doubt, it was in line of duty

Standard of proof = clear and convincing

For line of duty, were they UA?

For misconduct, was it the proximate cause of the injury/illness?

3 Results:

1. In line of duty, not due to misconduct

2. Not in line of duty, not due to misconduct

3. Not in line of duty, due to misconduct

Inspection

Examination of whole or part of a unit to determine security, military fitness, or good order & discipline

Search

An examination made for the primary purpose of obtaining evidence

Seizure

Taking into possession an item in conjunction with an investigation of criminal activity

Contraband

Anything that is illegal to possess

Requirements for Search

1. Must have jurisdiction (over person, place, offense)

2. Must have Probable Cause (reasonable belief of violation of UCMJ AND that evidence will be at search location)

3. Must have authorization (CO or Military Judge with Jurisdiction)

Types of Searches

1. Entry/Exit Searches (Vessels when abroad or installations)

2. Search of Government Property (reasonable expectation of privacy in barracks)

3. Consent Searches (Voluntary)

2 Common Searches

1. Command Authorized Searches

   1. probable cause exists

   2. authorizing authority must be neutral and detached

   3. Must have specificity and scope (What and where)

2. Exigent Searches (When time is of the essence to prevent destruction or concealment of evidence)

Seizures (Evidence)

Admissible if:

• Based on probable cause

• Abandoned Property

• With consent or during consent search

• Government Property

• During Exigency Search

• Plain View

Can be seized by Law Enforcement Officers, CPO/PO & SNCO/NCO

Apprehension

The act of taking a person into custody

• Any person subject to UCMJ

• Clearly notify person they are in custody

• Use of reasonably necessary force is authorized

• LEO, Officers, CPO/PO, SNCO/NCO

• Entry to private dwellings requires a warrant

Restraint

Limiting free movement of an individual

Types of Courts Martial

Summary Courts Martial

No BCD Special Courts Martial “Short Martial”

Special Courts Martial

General Courts Martial

Summary Court Martial

Convened by OIC or higher (Accused must consent to this type of court-martial

Court Officer is Commissioned Officer, O-3 or above, same service

Standard of Proof = beyond reasonable doubt\Not judicial or criminal

No double jeopardy

Enlisted only

No BCD Courts Martial “short martial”

Convened by Battalion COs or higher (can be without consent of accused)

Military Judge only

Offenses

• Carrying a maximum sentence of less than 2 years

• Drug offenses

• no sex offender offenses

Standard of Proof = beyond reasonable doubt

Criminal Conviction

Special Courts Martial

Convened by Battalion COs or higher (can be without consent of accused)
Military Judge, Trial/Defense Counsels, 4 member Panel (enlisted can request 1/3 enlisted members on panel), can request trial by MJ alone

Standard of Proof = beyond reasonable doubt (3/4 Majority)

Criminal Conviction

General Courts Martial

Convened by Flag/General Officers

Article 32 Preliminary Hearing utilized

Military Judge, Trial/Defense Counsels, Officer Panel (enlisted may request 1/3 enlisted panel) 12 panel capital GCM, 8 panel non-capital GCM, can request MJ alone for non-capital GCM

Standard of Proof = Beyond reasonable doubt, ¾ majority for conviction, unanimous for death sentence

criminal conviction

Punitive Discharges

Bad Conduct Discharge

Dishonorable Discharge

Administrative Discharges

Honorable Discharge

General, under honorable conditions

Other-than-Honorable Discharge (OTH)

Entry-level Separation

Appeals Process

Navy/MC Court of appeals → Court of appeals for the armed forces → United States Supreme Court

NJP

Imposed by Commanders at all levels

Any member may receive NJP

Not a trial, no lawyer representative

Burden of Proof = preponderance of evidence (>50%)

inclusive of all known offenses

Accused can refuse NJP and request trial by Court Martial (Unless attached to/embarked on a vessel)

Jus ad Bellum

Justice of War

When is it justifiable to use armed force or go to war

Jus in Bello

Justice in War

Justifiable application of violence in war, and against whom violence can be applied

Justifying War: To Whom? Why?

The Nations citizens

Other nations

Our Military

Our enemies

Various reasons depending on person

Just War Principles (6)

1. declared by legitimate authority

2. Just Cause

3. Rightful Intentions (restore justice)

4. Last Resort

5. Probability of Success

6. Proportionality of ends

Preemption

Application of violence when enemy attack is imminent

Prevention

application of violence when enemy aggression is expected sometime in the future

Jus in Bello Criteria

Proportionality: Use of appropriate force to target intended to prevent execessive harm or purposeless violence and destruction (Harm itself, not means)

Necessity: violence must be for a military purpose, required to achieve that purpose

Discrimination: Every effort made to discriminate between legitimate and illegitimate targets, only applying intentional force against legitimate targets