Military Justice System Notes
Military Justice System Overview
TPO
Understand Military Justice
Be familiar with DAFI 51-201 and the Uniform Code of Military Justice (UCMJ).
EPO #1: Identify Purpose of Military Justice System (MJS)
DAFI 51-201: Administration of Military Justice:
Guidance and procedures for administering military justice
Why a separate system of military justice?
Congress provided separate MJS for different reasons
Military crimes have no counterpart in civilian law
Military leadership requires command participation in the administration of disciplinary measures over subordinates
Civilian court systems are localized in jurisdictional reach,
Military requires worldwide jurisdictional reach & application of military law
Relford v. US Disciplinary Commandant:
“…distinct possibility that civil courts will have less than complete interest, concern, and capacity for all cases that vindicate the military’s disciplinary authority within its own community.”
United States Constitution
Article I: Congress can make rules for regulation of the military
Article II: President is the Commander-In-Chief of the military
Unified Code for Military Justice (UCMJ)
Is federal law, enacted by Congress
Applies to active-duty, reservists, and certain civilians in wartime.
Was developed to make the legal system uniform across all services
Prior to 1950, each branch had its own legal regaulation
Manual for Courts-Martial (MCM)
Executive Order provided guidelines for courts-martial.
Details the rules for administering military justice.
Court decisions from Supreme Court, Court of Appeals for the Armed Forces, and US Army Court of Criminal Appeals are binding law, and many of the decisions are incorporated in the MCM
Title 10 of the US Code
Outlines role of armed forces' legal basis.
August 10, 1956, Congress combined former Title 10 & Title 34 into the current Title 10
Title 32 outlines the related but different legal basis National Guard's mission and organization.
EPO #2: Purpose of military law and key responsibilities required under military law
Purpose of Military Law
Military law is any law that governs the operation of the US military. Military law is a body of law that separates and supplementary to US civil and criminal law
key responsibilities
To promote justice
maintaining good order & discipline
promote efficiency & effectiveness
Thereby to strengthen the national security of the US
It is not inconsistent to say that the military justice system is both a discipline tool & means of dispensing justice because in fulfilling its function as an instrument of justice, it will promote discipline.
Double Jeopardy
5th Amendment, Applies only to prosecutions for the same criminal act by the same sovereign
“No person shall be…subject, for the same offense, to be twice put in jeopardy of life or limb.”
Federal/State = separate sovereigns
Federal/UCMJ = same sovereigns
State/UCMJ = separate sovereigns
Standards of Proof
is the degree or level of proof demanded in a specific case
Preponderance of evidence: Used in civil cases and some administrative actions
Beyond a reasonable doubt: Standard primarily used in criminal cases, ensuring a high level of certainty before conviction.
EPO #3: key elements of the Manual for Courts-Martial
MCM is the “bible” for the practitioner of military justice.
Part I: Preamble
provides a brief overview of the nature of military criminal law and the sources of military jurisdiction
Part II: Rules for Courts-Martial (RCM)
provides the pretrial, trial, and post-trial procedures for courts-martial
Part III: Military Rules of Evidence (MRE)
rules for the collection and admissibility of evidence in a courts-martial
Part IV: Punitive Articles
Include the text of offenses, elements, explanations, lesser included offenses, maximum punishments, and sample pecifications
Part V: Non-judicial Punishment Procedures
set forth rules governing the imposition of non-judicial punishment (Article 15)
EPO #4: key elements and procedures of Non-Judicial Punishment (NJP)
Also known as “Article 15,” “Office Hours,” or “Captain’s Mast”
Purpose of NJP:
To discipline service if members for minor offenses
to correct, educate, & reform offenders who cannot benefit
from less stringent measures
Preserve an Airman’s record from unnecessary stigma by courts-martial conviction
further military efficiency by disposing of minor offenses in a manner requiring less time & personnel than trial by courts-martial
4 types of NJP under Article 15, UCMJ, MCM
Summarized
Formal
Company Grade
Field Grade
Use of NJP
is proper in all cases involving minor offenses in which nonpunitive measures are considered inadequate or inappropriate
Minor offense: is an offense for which the maximum sentence would not include a dishonorable discharge or confinement for longer than 1-year if tried by General Courts-Martial
NJP process: CC acts as the judge and jury in NJP proceedings
Punishments Limited:
Confinement on diminished rations
Restriction
Extra Duties
Forfeiture of pay, detention of pay, and reduction in grade
Refusing an NJP:
will result in the case being moved to a courts-martial, which can result in more serious sentence
Process
accused right to appearance before officer imposing punishment
They can refuse to testify
Can bring a witness
can request the proceedings are open to the public.
May appeal the imposition or results of nonjudicial punishment
Double punishment is prohibited
When nonjudicial punishment has been imposed for an offense, may not be imposed again nor increased.
Common Rules
Relevant evidence admissible
MRE does not apply
Must establish guilt beyond a reasonable doubt
A finding of guilt is not a criminal conviction
Members Rights in all Art 15’s
Right to remain silent
Right to demand trial by courts-martial
Right to confront witnesses, examine evidence, & submit matters in defense
Accepting NJP is not the same as accepting guilt
Definite punishment cap & no risk of a federal conviction
(Company & Field Grades)
Right to consult with counsel
Right to a “spokesperson” at the hearing
Right to request an open hearing
More rights because moreat risk
EPO #5: key elements of the courts-martial process
Court Martial Process
Types of Courts-Martial
Summary Courts-Martial
Quick, used for minor offenses
Does not require a military judge or attorneys from (JAG)
Instead, one officer (O-3 or above) reviews facts, legal Precedent, & sentencing guidelines before issuing a decision
sentenced
30-days confinement
45-days of hard labor
60-days restriction
one month reduced pay
reduction in rank.
Special Courts-Martial
Severe offenses, mirrors civilian trial, with specific time for discovery, pretrial motions, trial & sentencing
Require a military judge or attorneys from (JAG)/(ADC)
Panel of three service members decide facts of case unless accused requests a judge
General Courts-Martial
Most severe offenses prosecuted through General Courts-Martial
Military judge, as well as representation for both parties
A panel of at least 5 members for non-capital offenses & at least
10 for capital offenses decides the facts unless accused
requests judge to do so (prosecution not seeking a death penalty)
Procedures
The Company Commander may direct Preferral of charges to JAG
Prefferal: Gov telling member they are initiating charges
Convening Authority: Whoever convenes the Courts-Martial
Typically, CC of the accused, will review evidence & refer charges if he/she believes a Courts-Martial is warranted
If CC has PC to believe member violated UCMJ, they may order member to be apprehended & confined up to 72-hrs (pretrial confinement) while the CC decides how to proceed
During, the accused must be notified reason for apprehension
If CC proceeds with Courts-Martial, must do so within 120-days of apprehension
court-martial process begins when accused is read charges against him in the presence of a commanding officer and a neutral third officer
Reffering charges
Military judge & both legal representatives are assigned
accused & prosecution have opportunity to investigate facts behind case
Unlike civilian trial, investigation may continue during Courts-Martial process
Rights of the Accused
To be informed of the charges against the accused
Offered an opportunity to make a plea deal
Remain silent
Defense counsel in general courts-martial or in a special courts-martial
A military attorney, represents the servicemember Proceeding to Trial
Assigned free of charge to the servicemember
Voir Dire & Challenges
Trial on the Merits: of the case occurs after the voir dire process, where jurors are selected and challenged based on their qualifications and impartiality.
Closing Arguments & Burden of Proof
Pr
Courts-Martial Process
Types of Courts-Martial
Summary Courts-Martial: For minor offenses, quick procedures without a military judge.
Can impose up to 30 days confinement.
Special Courts-Martial: For more serious offenses, similar to civilian trials with more procedural protection.
General Courts-Martial: For severe offenses with a military judge and panel of officers deciding the case.
Key Procedures
Preferral of Charges: The process of formally charging a service member after an investigation.
Rights of Accused: Accused have several rights, including the right to counsel, remain silent, and appeal.
Trial Phase: Evidence presented, witnesses questioned, and jury panel decisions are made on guilt or innocence.
Voting and Sentencing
Voting Differences: A guilty verdict needs a two-thirds majority in courts-martial, unlike civilian requirements for unanimous consent.
Sentencing is immediate after a conviction.
Appeals Process
Accused can appeal decisions to military courts if legal errors are believed to have occurred.
The US Court of Appeals for the Armed Forces reviews cases for legal errors and sentence appropriateness.
Conclusion
Understanding the military justice system is crucial for ensuring discipline, accountability, and alignment with national security objectives. The structure, rights, and processes under military law differ significantly from civilian justice, necessitating specific training and awareness for those involved in military operations.