Lesson 5: Military Justice

SOBs --> 1) Identify the functions of the UCMJ and Manual for Courts Martial, 2) Recognize the need for a military justice system, 3) List service member’s rights within the military justice system, 4) Identify the methods and associated tools available within the UCMJ to maintain discipline, 5) Recall the functions of the Staff Judge Advocate, Area Defense Counsel and the Victims Counsel

Identify the function of the UCMJ (Uniform Code of Military Justice) (SOB 1)

-Modifies and consolidates Army Articles of War, Articles of the

Government of the Navy, and Disciplinary Laws of the Coast

Guard

Identify the function of the MCM (Manual for Courts Martial) (SOB 1)

-Addresses the field of military justice as thoroughly as possible

under the restrictions of a working manual

What is the need for a military justice system? (SOB 2)

I. It is the driving force behind discipline

i. Discipline is critical to promote justice, maintain good order,

promote efficiency and effectiveness, and strengthen US

National Security

Describe the right of ‘Involuntary Self-Incrimination’ (SOB 3)

1. You have the right to stop questioning at any time

2. If you are suspected of a crime, you have to be informed

of the nature of the offense

3. If you do say something after being advised of your

rights, it can be used against you

Describe the right to counsel (SOB 3)

An ADC (area defense counsel) can be appointed for you free of charge, you can pay

for a civilian defense counsel

Describe the right of search and seizure (SOB 3)

i. Commanders have authority to search or conduct wellness

checks in locations under their authority

ii. Warrants are required for search and seizure of personal

property outside of a commander’s authority

iii. Wellness checks should not be used as a pretext to gather

evidence of a crime

Define Preventive Discipline (SOB 4)

i. Action taken to encourage members to follow standards and

regulations to prevent infraction

Define Administrative Actions (SOB 4)

i. Actions subsequent to a rule infraction

ii. It seeks to discourage further infractions and to ensure further

acts comply with standards

List the three objectives of Administrative Action (SOB 4)

i. Reform the offender

ii. Deter others from similar actions

iii. Maintain consistent, effective group standards

Describe the letter of counseling (LOC) (SOB 4)

1. Document Verbal counseling

2. Examples: Being late, no shows, sloppy uniform, traffic

ticket

Describe the Letter of Admonishment (LOA) (SOB 4)

1. More severe than a LOC

2. Use it to document a more serious infraction, but not

serious enough for an LOR

Describe the Letter of Reprimand (LOR) (SOB 4)

1. Official censure of inefficiency, impropriety, or

misconduct

2. More severe than a counseling or admonition and

indicates a stronger degree of official censure

3. Must be written according to DAFI 36-2907

Describe the Unfavorable Information File (UIF) (SOB 4)

1. Repository at MPS

2. Contains information concerning a persons duty

performance and conduct

List the items that can be in a UIF (SOB 4)

i. Article 15

ii. LOR

iii. Counseling Documents

Describe the four components of a control roster (SOB 4)

1. Lists the names of people whose conduct, bearing,

integrity, or duty performance require special attention,

observation, evaluation, or rehabilitation

2. Assist commanders and supervisors in controlling and

managing those members

3. Gives the person a chance to improve in their deficient

area within a specific time period

4. Renders the individual ineligible for reenlistment,

promotion, PME in residence, or PCS while on the roster

Describe the tools of the officer selection board (SOB 4)

1. Derogatory data available to a promotion record

2. Mandatory for at least 10 years

a. Court martial convictions

b. Nonjudicial punishment

c. LOR

d. LOA

e. LOC

f. Removal from command for cause

Describe an Article 15 (nonjudicial punishment) (SOB 4)

a. For minor offenses

b. Imposed by the commander

c. Punishment depends on rank of offender and

commander

d. Member may request trial by court martial in lieu

of Article 15

e. Acceptance of forum, not an admission of guilt

f. Does not constitute a criminal conviction

Describe a Summary Court Martial (judicial punishment) (SOB 4)

a. Tries minor offenses

b. For enlisted members only

c. One officer acts as judge

d. Limited punishment

Describe a Special Court Martial (judicial punishment) (SOB 4)

a. Tries intermediate offenses

b. Military judge/3 members minimum

c. Limited punishments

Describe a General Court Martial (judicial punishment) (SOB 4)

a. Most serious offenses

b. Military judge/ 8 members

c. Maximum punishment

Describe the Staff Judge Advocate (SOB 5)

i. Commanders legal staff who represents the Air Force and

Space Force in all legal matters

ii. Runs installation legal office, which is generally divided into 3

areas of responsibility

Describe how the Staff Judge advocate establishes ‘military justice’ (SOB 5)

a. Section prosecutes all course-martial, gives

legal advice to police investigators and

commanders concerning criminal investigations

b. Advises and assists unit commanders with

Article 15s and other admin disciplinary actions

Describe how the Staff Judge advocate establishes ‘Claims’ (SOB 5)

a. Settles small claims made against the

government such as a car accident caused by

someone driving a government owned vehicle

b. Files claims on behalf of the government when

someone damages property

Describe how the Staff Judge advocate establishes ‘Civil Law’ (SOB 5)

a. Provides notary service, wills and powers of

attorney and provides legal assistance to all

military members and their dependents free of

charge

b. Conducts legal reviews for commanders

Area Defense Counsel (ADC)

i. Represents Air and Space Force personnel accused of

wrongdoing

ii. Provides legal advice and representation to military members

under the following circumstances

1. Criminal investigation

2. LORs

3. Article 15

4. Administrative demotions and separations

5. Court-Martial

Describe the Victims Counsel

i. Advises victims of alleged sexual assault and domestic

violence on their rights and represents them in certain matters

during courts-martial.

ii. Assists victims with providing information to the court on

sentencing in the event the accuses is convicted