Preview

Advanced Course Military Justice System

Powerful Essays
Open Document
Open Document
1729 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Advanced Course Military Justice System
MILITARY JUSTICE SYSTEM
LEARNING OBJECTIVES
Here are the learning objectives for this lesson:
• Identify the sources of the military justice system.
• Identify the purpose of extra military instruction.
• Recognize the limitations associated with conducting extra military instruction.
• Identify privileges that may be temporarily withheld as an administrative corrective measure.
• Identify the purpose of a non-punitive letter of caution.
• Select the contents that may be included in a non-punitive letter of caution.
• Identify the factors that should be considered before non-judicial punishment is imposed.
• Identify the types of punishments that may be imposed as a result of non-judicial punishment.
• Select the maximum punishment authorized as a result of non-judicial punishment.
• Identify the purpose of Article 31.
• Identify the requirements of Article 31.
• Identify the elements of Article 31.
• Determine when Article 31 is administered.

BODIES OF LAW
BACKGROUND
• The military justice system is part of military law that mirrors federal, state, and local justice systems.
• It promotes good order and discipline and regulates behavior. • Its authority is derived from five sources:

THE CONSTITUTION

• The Constitution of the United States is the supreme law of the land. • It grants authority to the President, Congress, and to the Supreme Court. • Section 8, Article I, of the Constitution grants Congress the authority to make rules for the regulation of land and naval forces of the United States.

THE UNIFORM CODE OF MILITARY JUSTICE (UCMJ)
• Congress enacted the 140 articles of the UCMJ on 31 May 1951.
• The UCMJ provides a basis for the administration of justice.
• The UCMJ applies to: - Active duty

You May Also Find These Documents Helpful

  • Good Essays

    Article Eighty-six of the Uniform Code of Military Justice makes it a crime to fail to go to one's appointed place of duty at the time prescribed, to leave one's place of duty, or to be absent from one's unit without authority. Article Eighty-six or Absent Without Leave, states verbatim “Any member of the armed forces who without authority fails to go to his appointed place of duty at the time prescribed; goes from that place; or absents himself or remains absent from his unit, organization, or place of duty at which he is required to be at the time prescribed; shall be punished by court-martial may direct.” Being a certain member appointed for a specific duty at a specific time and place and not showing up or showing up late, whilst knowing of the appointed duty. And without proper authority skipping or showing up late. It is always important to be where you are supposed to be when you are supposed to be there. Even more so in the Marine Corps. Punishment for violating Article Eighty-six of the UCMJ is left to the discretion of the member's direct chain of command. Whether that be an NCO, Staff NCO, or Officer. The first violation is typically a verbal or written counseling, second a written counseling along with a specific form of deterrence such as: reporting in to the duty NCO every four hours through out the day, even in the members off time. Third violation will usually result in a much harsher punishment such as a Page Eleven, Sixty-one Zero-five, or Nonjudicial Punishment, Court-Martial, and Administrative separation from the service. If taken to Nonjudicial Punishment member could end up losing rank, pay, and be confined to restriction. It is all about accountability. Though normally accountability is an individual responsibility it may become a unit responsibility or the responsibility of a superior to ensure you are where you are supposed to be at the appointed time. Not only will punitive action be taken but your peers will be affected as well. Some may…

    • 422 Words
    • 2 Pages
    Good Essays
  • Satisfactory Essays

    • What does Article 1 Section 8 of the Constitution tells us about the powers of Congress?…

    • 763 Words
    • 4 Pages
    Satisfactory Essays
  • Good Essays

    At the end of Section 8, the Constitution broadly implies, Congress has the power to do what is “necessary and proper” for carrying into execution all powers vested by the Constitution; also known as the Elastic Clause. Another important “informal power” is the ability to investigate the executive branch or one of their agencies. Also, Congress can hold hearings.…

    • 564 Words
    • 3 Pages
    Good Essays
  • Satisfactory Essays

    Congress Worksheet

    • 315 Words
    • 3 Pages

    1. List four enumerated powers granted to Congress by the Constitution (Article I, Section 8)…

    • 315 Words
    • 3 Pages
    Satisfactory Essays
  • Satisfactory Essays

    Wk 8 Ccj220 Essay Example

    • 439 Words
    • 2 Pages

    of criminal sanctions that the criminal justice field uses as a form of punishment. The forms of…

    • 439 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    Barbaric means of punishments, and punishments that…

    • 174 Words
    • 1 Page
    Good Essays
  • Better Essays

    Ap Government and Politics

    • 6053 Words
    • 25 Pages

    Article I, Section 8, Clause (Necessary and Proper Clause) – Grants Congress the powers that are implied in the Constitution, but are not explicitly enumerated in the Constitution.…

    • 6053 Words
    • 25 Pages
    Better Essays
  • Good Essays

    Military Draft History

    • 1949 Words
    • 8 Pages

    S. Const. art. 1, 8, empowering Congress to declare war and to raise and support armies, and authorizing it to make all laws which shall be necessary and proper for carrying into execution the powers expressly given to Congress".…

    • 1949 Words
    • 8 Pages
    Good Essays
  • Satisfactory Essays

    The criminal justice system, I believe, is a system that works on a purpose. System; According to "Dictionary.com" (2014), an assemblage or combination of things or parts forming a complex or unitary whole. (Noun 1.) As a whole the criminal justice system does, in fact, try to act as a system, as noted above our police enforce the laws, our courts decide upon the laws, and our corrections carry out the punishment. As also stated in an Internet video, Pearson Custom Publishing (2011). If you were looking into specific parts of the criminal justice system, it would be a process. Process; According to "Dictionary.com" (2014), continuous action, operation, or series of changes taking place in a definite manner. (Noun 2.) The criminal justice…

    • 729 Words
    • 3 Pages
    Satisfactory Essays
  • Powerful Essays

    10. What are the 4 utilitarian justifications for punishment? Deterrence, incapacitation and rehabilitation and specific deterrence…

    • 1280 Words
    • 5 Pages
    Powerful Essays
  • Good Essays

    Government Branches

    • 782 Words
    • 4 Pages

    Article 1 Section 8 lists the powers of congress. Some of the more important ones include the necessary and proper clause, the commerce clause, power to tax, power to spend, coin money, and ability to borrow money, these powers give congress the ability to make laws, buy and sell goods, control a federal budget and even borrow money from foreign countries. The necessary and proper clause is one of the most powerful in the Constitution. It allows congress to "make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this constitution." This has been used for all types of federal actions including the New Deal, McCulloch v. Maryland, integration in the states and in the federal kidnapping act. The power to tax and spend also gives congress an important power to control the federal budget, which includes Medicare, Medicate, Social Security, infrastructure, government, agencies, and maybe the most important, the Defense…

    • 782 Words
    • 4 Pages
    Good Essays
  • Better Essays

    Purpose and History

    • 1359 Words
    • 6 Pages

    Let’s first begin with what punishment means. Punishment is the infliction or imposition of a penalty as retribution for an offense. While completing my research I was able to stumble across two definitions that caught my attention. The general definition for punishment is “aversive stimulus that follows an undesirable behavior, and is intended to decrease or eliminate the occurrence of that behavior. It may be triggered either due to the performance of an undesirable act (negligence) or the non-performance of a desirable act (disobedience). Punishments take the form of presentation of an unpleasant stimulus (criticism or warning) or withdrawal of a pleasant one (employment or promotion). Threat of punishment usually also constitutes a punishment”. The definition of punishment pertaining to the law is “Confinement, fine, penalty, sanction, or loss of a privilege, property, or right, assessed and administered as deterrence or retribution by an authorized court to an entity duly convicted of violating the law of the land”. [ (Buisness Dictionary, 2013) ] Punishments must be adequate match the reasons why the crimes were committed. History shows that Cesare Beccarua who was an Italian theorist, first suggested linking crime causation to punishments in the eighteenth century. He is known as the founder of the Classical School of criminology. The classical School is the theory linking crime causation to punishment, based on offenders’ free will and…

    • 1359 Words
    • 6 Pages
    Better Essays
  • Good Essays

    Another difference between civilian and military is the way the prosecution and trail is held which in the civilian sector it can be publicly viewed but with military its only open to the witness, prosecution, defendant and…

    • 777 Words
    • 4 Pages
    Good Essays
  • Good Essays

    Their lives and circumstances abroad are different from a civilian’s and require that extra discipline to keep them focused on what is best for their country. This does not mean that military members are expected to lack needs and emotions. It is because of the dangerous positions they are put on or given that order is required. The ideal is to inform as best as possible any person wanting to join the military about the behavior expected and new set of laws that will apply to them. The military is a big part of the country a designated court designed to deal with the problems that arise in the military is beneficiary for both civilians and military…

    • 511 Words
    • 3 Pages
    Good Essays
  • Good Essays

    In today’s society we impose sanctions on individuals who break laws of the community. There are many types of sanctions such as; fines, intensive correction, community based, youth training and drug treatment orders, home detention, suspended sentences and imprisonment. Imposing sanctions among offenders is highly successful in our society today as they may deter the individual/ general community from committing/re-committing a crime, to protect the society, to punish the offender, in many cases to rehabilitate the offender and to show that the crime is unacceptable.…

    • 549 Words
    • 3 Pages
    Good Essays