lesson 5: SOB_Military_Justice

UCMJ & MCM Key Functions

• UCMJ (Uniform Code of Military Justice)

  • Defines military criminal law.

  • Extends jurisdiction worldwide.

  • Part of the U.S. Code.

  • Applies to all military members.

• MCM (Manual for Courts-Martial)

  • Official guide for conducting courts-martial.

  • Explains how to apply the UCMJ.

  • Includes rules, procedures, and punishments.

• Quick Line: UCMJ is the law, MCM shows you how.

Need for Military Justice

• The need for military justice is to maintain good order.

• The primary source of military justice comes from the U.S. Constitution and international law.

Service Members’ Rights (Under Article 31, UCMJ)

• Protection Against Self-Incrimination

  • You have the right to remain silent.

  • Must be informed of the offense before questioning.

  • Statements after rights are read can be used in court.

• Right to Legal Counsel

  • Free Area Defense Counsel (ADC) is available.

  • You may hire a civilian attorney at your own expense.

• Search & Seizure Rules

  • Commanders can authorize searches in their areas (e.g., dorms, workspaces).

  • Warrants required for personal property searches (unless consent or emergency).

Tools & Methods to Maintain Discipline (UCMJ)

• Administrative Actions (Non-Punitive)

  • Used to correct behavior without formal punishment.

  • RICS – Record of Individual Counseling.

  • LOC/LOA/LOR – Letter of Counseling, Admonishment, or Reprimand.

  • UIF – Unfavorable Information File.

  • Control Roster – Monitors members with substandard conduct.

  • Officer Selection Record – May include performance or conduct issues.

• Preventive Discipline

  • Encourages positive behavior before problems occur.

  • Involves training, feedback, leadership example, and good communication.

• Punitive Actions

  • Formal punishment under military law.

    • Nonjudicial Punishment

      • Article 15 – Handled by commander without court-martial.

    • Judicial Punishment

      • Summary Court-Martial – Minor offenses.

      • Special Court-Martial – Mid-level offenses.

      • General Court-Martial – Most serious offenses.

• Responsibility of All Leaders:

  • Comply with standards.

  • Enforce standards.

  • Never condone misconduct.

Functions of the SJA, ADC, and Victims’ Counsel

• Staff Judge Advocate (SJA)

  • Legal advisor to the commander.

  • Represents the Air Force and Space Force in all legal matters.

  • Handles prosecution, legal reviews, and command-level legal support.

• Area Defense Counsel (ADC)

  • Defends service members accused of misconduct.

  • Provides independent legal representation (not tied to command).

  • Ensures fair treatment under military law.

• Victims’ Counsel (VC)

  • Supports victims of sexual assault or domestic violence.

  • Advises them of their rights.

  • May represent victims in certain court-martial proceedings.