Introduction to Military Justice and Discipline

1
Introduction to Military Justice and Discipline

• Leadership and Ethics

2
Purpose of Military Law

• to promote justice, to assist in maintaining
  good order and discipline in the armed forces, to
  promote efficiency and effectiveness in the
  military establishment, and thereby to strengthen
  the national security of the United States.
• - MCM, 1998

3
Objectives

• Comprehend the purpose, scope and constitutional
  basis of U.S. Navy Regulations, and the UCMJ and
  relate these regulations to personal conduct in
  the military service.
• Comprehend basic junior officer responsibilities
  relative to the military justice system and know
  essential publications relating to military
  justice.
• Comprehend the concept of jurisdiction.

4
Objectives

• Know how discipline and punishment differ.
• Know how to relate discipline to counseling.
• Know administrative methods used to maintain good
  discipline.
• Introduction to the correct means of using Extra
  Military Instruction (EMI) at the division level.

5
Sources of Military/Naval Law

• Constitution
• Uniform Code of Military Justice (UCMJ) passed
  by Congress in accordance with Art. 1
• Manual for Courts-Martial (MCM, 1995) Executive
  Order implementing UCMJ, Military Rules of
  Evidence, Rules for Courts-Martial (RCM)
• Judge Advocate General Manual (JAGMAN)
  Department of Navy Directive includes regulations
  on administrative matters, NJP, and investigation.

6
Sources of Military/Naval Law

• Service Regulations
• U. S. Navy Regulations (1990)
• SORM, Local Directives, etc.
• Court Reviews

7
Summary
8
Discipline

• Definition
• Voluntary Compliance With Naval Standards of
  Behavior
• Attitude
• Enforced by Example, Supervision
• ...Versus punishment
• Failure of Discipline
• Imposed with the objective of Improving
  Performance
• Only the CO (or above) can impose

9
Factors Affecting Discipline

• Lack of information flow to Subordinates
• Lack of interest by seniors
• Slackness in Command
• Instability in day-to-day operations
• Frequent changes
• Transfers

10
Military Justice

• How military justice supports discipline
• Administrative
• Counseling, Evals, EMI, Loss of Privileges, etc.

11
Rights and Privileges(Examples)

• Rights
• Liberty
• Pay
• Meals
• Right to Privacy
• Procedural Rights
• Rights of the Accused
• To Know the Offense
• To Counsel
• To Testify

• Privileges
• Special Liberty
• Exchange of Duty
• Special Command Programs
• Access to Base or Ship Libraries
• Base or Ship Movies
• Clubs
• Base Parking

12
Discipline and the DIVO

• Setting the example
• Enforcement Tools
• Evaluations
• Recommendation for Advancement
• Recognition (Verbal/Awards)
• Job Assignments
• Working Hours
• Investigations
• NJP
• JAGMAN

13
Military Crimes

• Generally have no civilian counterpart
• Required by military need for Good Order and
  Discipline
• Examples
• Absence (AWOL, Desertion )
• Offenses Against Authority
• Disrespect, Orders Violations
• Dereliction of Duty
• Fraternization

14
Military Justice

• How military justice supports discipline
• Administrative
• Counseling, Evals, EMI, Loss of Privileges, etc.
• Disciplinary
• Non-Judicial Punishment

15
Criminal Infractions

• Murder, assault, theft, etc.

16
Military Justice

• Military justice support of discipline
• Administrative
• Counseling, Evals, EMI, Loss of Privileges, etc.
• Disciplinary
• Non-Judicial Punishment
• Criminal Procedures
• Courts-Martial

17
Military Court Appeals Process
Supreme Court
Court of Appeals (Armed Forces)
Court of Criminal Appeals (Navy-Marine Corps)
Court-Martial
18
Terms

• Jurisdiction
• Mens Rea
• Criminal Intent
• Specific Intent
• Standard of Proof
• Reasonable Doubt
• Preponderance of Evidence
• Direct evidence
• Circumstantial evidence

19
Extra Military Instruction

• Instruction imposed by Officers/Senior Petty
  Officers in a phase of military duty in which an
  individual is deficient ...
• Intended for and directed towards the correction
  of that deficiency.
• Limitations
• Conducted at a reasonable time outside normal
  working hours
• Max 2 hours/day, not on the member sabbath
• Useful training purpose (not punishment)

20
Introduction to Military Justice and Discipline

• Questions?
• Next
• Utilitarianism