Uniform Code of Military Justice

A comprehensive federal statute enacted by Congress in May 1950 to establish procedures, policies, and penalties for the military justice system. U.S. Secretary of Defense James V. Forrestal led a committee to create the code after the unification of the armed forces under the Department of Defense.

See the Introduction, Abbreviations and Pronunciation for further details.

Uniform Code of Military Justice (UCMJ) replaced the traditional system known as the Articles of War, which governed the conduct of military personnel from 1775 to the UCMJ's passage in 1950. The Articles of War contained eighteenth-century language inappropriate to the post–World War II military and contained separate legal systems for the army and navy. The UCMJ was a product of the newly created Office of the Secretary of Defense, which centralized and regularized many facets of military life.

The UCMJ was written entirely by civilians, with Secretary of Defense James Forrestal making many of the key decisions himself. The UCMJ more closely aligned military justice procedure with civilian federal procedure, though it delegated to the president the authority to modify rules of evidence and other procedures. In 1951, President Harry Truman issued his Manual for Courts-Martial, which directs military courts on the implementation of the UCMJ.

In many of its aspects, the UCMJ is significantly more restrictive than civilian law. For example, the UCMJ restricts the First Amendment right of free speech and more closely regulates the sexual behavior of military members, specifically forbidding homosexuality and adultery. These features of the UCMJ have drawn the most criticism in recent years.

Bibliography

Byrne, Edward. Military Law: A Handbook for the Navy and Marine Corps. Annapolis, Md.: Naval Institute Press, 1981.

The Uniform Code of Military Justice (UCMJ) was enacted by Congress in 1950 (10 U.S.C.A. § 801 et seq.) to establish a standard set of procedural and substantive criminal laws for all the U.S. military services. The UCMJ applies to all members of the military, including those on active duty, students at military academies, prisoners of war, and, in some cases, retired or reserve personnel. The UCMJ changed military law in several ways, especially by providing substantial procedural safeguards for an accused, such as the right to be represented by counsel, to be informed of the nature of the accusation, to remain silent, and to be told of these rights.

Military law exists separately from civilian law. The rights of individuals serving in the armed services are not as extensive as civilians' rights because the military is regulated by the overriding demands of discipline and duty. Recognizing this need for a separate body of regulations to govern the military, Article I, Section 8, Clause 14, of the Constitution empowers Congress "to make Rules for the Government and Regulation of the land and naval Forces."

Until the enactment of the UCMJ, the Army and Navy each had its own system of military justice, known as the Articles of War in the Army and the Articles for the Government of the Navy. The UCMJ ensures that any accused member of the armed services will be subject to the same substantive charges and procedural rules and will be guaranteed identical procedural safeguards.

Some provisions of the UCMJ deal with common-law crimes, such as murder, rape, larceny, and arson. The elements of these offenses do not differ from those in state codes and statutes. Other provisions deal with offenses that are unique to the military, including absence offenses, duties and orders offenses, superior-subordinate relationship offenses, and combat-related offenses.

Absence offenses include absence without leave (art. 86, 10 U.S.C.A. § 886) and desertion (art. 85, 10 U.S.C.A. § 885). These are the most prevalent crimes in the military. Approximately 75 percent of all courts-martial involve charges of being absent without leave under article 86.

Duties and orders offenses include failure to obey an order or regulation (art. 92, 10 U.S.C.A. § 892) and being drunk on duty (art. 112, 10 U.S.C.A. § 912). Superior-subordinate relationship offenses include violations such as contempt for officials (art. 88, 10 U.S.C.A. § 888) and mutiny (art. 94, 10 U.S.C.A. § 894). Combat-related offenses include misbehavior before the enemy (art. 99, 10 U.S.C.A. § 899) and misconduct as a prisoner (art. 105, 10 U.S.C.A. § 905).

The UCMJ also includes the so-called General Articles (arts. 133 and 134, 10 U.S.C.A. §§ 933, 934), which proscribe certain conduct in nonspecific terms. Article 133 makes unlawful any conduct by an officer that is "unbecoming to an officer and a gentleman." Article 134 proscribes "all disorders and neglects to the prejudice of a good order and discipline …, [and] all conduct of a nature to bring discredit upon the armed forces." The constitutionality of these articles was upheld in the face of a First Amendment challenge in Parker v. Levy, 417 U.S. 733, 94 S. Ct. 2547, 41 L. Ed. 2d 439 (1974).

Article 15 (10 U.S.C.A. § 815) of the UCMJ provides for nonjudicial punishment. Most minor violations of the UCMJ are processed under this article. The accused appears before his commanding officer, who passes judgment and imposes the sentence, if any. The military favors nonjudicial punishment because it gives the commanding officer a direct method of discipline, the process is quick and efficient, and the accused's record is not marred by a court-martial conviction.

Procedurally, the UCMJ provides for a three-level system of courts that is similar to the structure of civilian courts. Criminal matters are handled by courts-martial, which are analogous to civilian trial courts. There are three types of court-martial: the general court-martial, the special court-martial, and the summary court-martial. A general court-martial is used for serious offenses. The court has five or more members, but a defendant also has the right to have a military judge hear the case. The prosecutor, defense counsel, and military judge in a general court-martial must be lawyers. The military judge advises the court on matters of law and makes rulings as to the introduction of evidence. A general court-martial may impose any penalty that is authorized by the UCMJ as punishment for the offense.

A special court-martial deals with intermediate-level offenses. The court has three or more members, but the defendant may elect to be tried by a military judge. The maximum sentence that may be imposed by a special court-martial is six months of confinement, forfeiture of pay, reduction in rank, and a bad conduct discharge.

A summary court-martial may be used only to prosecute enlisted personnel for minor offenses. Only one officer hears the case, and the maximum penalty is confinement for one month, forfeiture of two-thirds of a month's pay, and reduction in rank.

Under the UCMJ all cases in which the sentence involves death, a punitive discharge, or imprisonment for a term of one year or more must be reviewed by a Court of Criminal Appeals (CCA). A CCA must also affirm any sentence imposed by a court-martial before the sentence can be executed. Each branch of the armed services has its own CCA. Generally, a three-judge panel reviews court-martial convictions and sentences. CCA judges may be commissioned officers or civilians, but all must be lawyers.

The U.S. Court of Appeals for the Armed Forces (USCAAF), formerly known as the Court of Military Appeals, is the highest civilian court responsible for reviewing the decisions of military courts. It is an appellate court and consists of three civilian judges appointed by the president to serve fifteen-year terms. The USCAAF hears all cases where the death penalty is imposed, all cases forwarded by the judge advocate general of each service for review after CCA review, and certain discretionary appeals. Its decisions are appealable to the U.S. Supreme Court.

The UCMJ has been attacked by critics who believe it severely and unnecessarily restricts First Amendment and other constitutional rights of military personnel. Article 15's nonjudicial punishment has been criticized as susceptible to abuse, bias, and conflicts of interest. Because the military courts are necessarily different from civilian courts, the Supreme Court has limited the jurisdiction of the UCMJ. Discharged soldiers cannot be court-martialed for offenses committed while in the military. Civilian employees of the armed forces overseas and civilian dependents of military personnel accompanying them overseas are also not subject to the UCMJ. In addition, a crime committed by a member of the armed services must be related to military service for the UCMJ to apply.

The system of justice for the military services. It is a federal law enacted by Congress. It replaced the "Rocks and Shoals" system of justice practiced previously in the Naval service.

This article needs additional citations for verification. Please help improve this article by adding reliable references. Unsourced material may be challenged and removed. (September 2009)

The Uniform Code of Military Justice (UCMJ, 64 Stat. 109, 10 U.S.C. Chapter 47), is the foundation of military law in the United States. The UCMJ applies to all members of the Uniformed services of the United States: the Air Force, Army, Coast Guard, Marine Corps, Navy, National Oceanic and Atmospheric Administration Commissioned Corps, and Public Health Service Commissioned Corps. The Coast Guard is administered under Title 14 of the United States Code when not operating as part of the U.S. Navy. However, commissioned members of the NOAA and PHS are only subject to the UCMJ when attached or detailed to a military unit or are militarized by presidential executive order.

Members of the military Reserve Components under Title 10 of the United States Code (Army Reserve, Navy Reserve, Marine Forces Reserve, and Air Force Reserve) or Title 14 of the United States Code, Coast Guard Reserve when not operating as part of the U.S. Navy, are subject to the UCMJ if they are either (a) active duty Full-Time Support personnel such as FTS or Active Guard and Reserve (AGR), or (b) traditional part-time reservists performing either (a) full-time active duty for a specific period (i.e., Annual Training, Active Duty for Training, Active Duty for Operational Support, Active Duty Special Work, One Year Recall, Three Year Recall, Canvasser Recruiter, Mobilization, etc.), or (b) performing Inactive Duty (i.e. Inactive Duty Training, Inactive Duty Travel and Training, Unit Training Assembly, Additional Training Periods, Additional Flying Training Periods, Reserve Management Periods, etc., all of which are colloquially known as "drills").

Soldiers and airmen in the National Guard of the United States are subject to the UCMJ only if activated in a Federal capacity under Title 10 by an executive order issued by the President. Otherwise, members of the National Guard of the United States are exempt from the UCMJ. However, under Title 32 orders, National Guard soldiers are still subject to their respective state codes of Military justice.

Cadets and midshipmen at the United States Military Academy, United States Naval Academy, United States Air Force Academy, United States Merchant Marine Academy, and United States Coast Guard Academy are also subject to the UCMJ. On the other hand, Reserve Officers' Training Corps (ROTC) cadets and midshipmen are by law exempt from the UCMJ (even while on active duty for training such as CTLT, LTC, LDAC, or while attending various training schools such as Airborne School, Air Assault School, Mountain Warfare School, etc.).

Members of military auxiliaries such as the Civil Air Patrol and the Coast Guard Auxiliary are not subject to the UCMJ. However, members of the Coast Guard Auxiliary can be called by the Commandant of the Coast Guard into the Temporary Reserve, in which case they become subject to the UCMJ.

Retired members of the uniformed services who are entitled to retirement pay are also subject to the UCMJ, as are retired reservists who are receiving hospital care in the VA system.

Contents 1 History 2 Current Subchapters 2.1 General Provisions 2.2 Pre-Trial Procedure 2.3 Punitive Articles 3 Further reading 4 See also 5 Notes 6 External links

History

On 30 June 1775, the Second Continental Congress established 69 Articles of War to govern the conduct of the Continental Army.

Effective upon its ratification in 1789, Article I, Section 8 of the United States Constitution provided that Congress has the power to regulate the land and naval forces.^[1] On 10 April 1806, the United States Congress enacted 101 Articles of War (which applied to both the Army and the Navy), which were not significantly revised until over a century later. The military justice system continued to operate under the Articles of War until 31 May 1951, when the Uniform Code of Military Justice went into effect.

The UCMJ was passed by Congress on 5 May 1950, signed into law by President Harry S. Truman, and became effective on 31 May 1951. The word Uniform in the Code's title refers to the congressional intent to make military justice uniform or consistent among the armed services.

The current version is printed in the latest version of the Manual for Courts-Martial (2008), incorporating changes made by the President (executive orders) and National Defense Authorization Acts 2006 and 2007.

Current Subchapters

The UCMJ is found in Title 10, Subtitle A, Part II, Chapter 47 of the United States Code.

Subchapter	Title	Section	Article
I	General Provisions	§ 801	1
II	Apprehension and Restraint	§ 807	7
III	Non-Judicial Punishment	§ 815	15
IV	Court-Martial Jurisdiction	§ 816	16
V	Composition of Courts-Martial	§ 822	22
VI	Pre-Trial Procedure	§ 830	30
VII	Trial Procedure	§ 836	36
VIII	Sentences	§ 855	55
IX	Post-Trial Procedure and Review of Courts-Martial	§ 859	59
X	Punitive Articles	§ 877	77
XI	Miscellaneous Provisions	§ 935	135
XII	Court of Appeals for the Armed Forces	§ 941	141

General Provisions

Subchapter I, "General Provisions" has six sections (articles):

Section	Article	Title
§ 801	1	Definitions
§ 802	2	Persons subject to this chapter
§ 803	3	Jurisdiction to try certain personnel
§ 804	4	Dismissed officer's right to trial by court-martial
§ 805	5	Territorial applicability of this chapter
§ 806	6	Judge advocates and legal officers
§ 806a	6a	Investigation and disposition of matters pertaining to the fitness of military judges

Article 1, "Definitions", defines terms used in the rest of the UCMJ: "Judge Advocate General", "the Navy, the Marine Corps and the Coast Guard when it is operating as a service in the Navy, shall be considered as one armed force", "officer in charge", "superior commissioned officer", "cadet", "midshipman", "military", "accuser", "military judge", "law specialist", "legal officer", "judge advocate", "record", "classified information" and "national security".10 U.S.C. § 801 (Article 1. Definitions)

Pre-Trial Procedure

Section	Article	Title
§ 830.	30	Charges and specifications
§ 831	31	Compulsory self-incrimination prohibited
§ 832	32	Investigation
§ 833	33	Forwarding of charges
§ 834	34	Advice of staff judge advocate and reference for trial
§ 835	35	Service of charges

Under Article 31, coercive self-incrimination is prohibited as a right under the Fifth Amendment. Arresting officers utilize the Article 31 warning and waiver as a means to prevent this self-incrimination, much like the Miranda warning. Article 31 was already well-established before Miranda.

Punitive Articles

Subchapter X, "Punitive Articles," is the subchapter that details offenses under the uniform code:

Section	Article	Title
§ 877	77	Principals
§ 878	78	Accessory after the fact
§ 879	79	Conviction of lesser included offense.
§ 880	80	Attempts
§ 881	81	Conspiracy
§ 882	82	Solicitation
§ 883	83	Fraudulent enlistment, appointment, or separation
§ 884	84	Unlawful enlistment, appointment, or separation
§ 885	85	Desertion
§ 886	86	Absence without leave
§ 887	87	Missing movement
§ 888	88	Contempt toward officials
§ 889	89	Disrespect toward superior commissioned officer
§ 890	90	Assaulting or willfully disobeying superior commissioned officer
§ 891	91	Insubordinate conduct toward warrant officer, noncommissioned officer, or petty officer
§ 892	92	Failure to obey order or regulation
§ 893	93	Cruelty and maltreatment
§ 894	94	Mutiny or sedition
§ 895	95	Resistance, flight, breach of arrest, and escape
§ 896	96	Releasing prisoner without proper authority
§ 897	97	Unlawful detention
§ 898	98	Noncompliance with procedural rules
§ 899	99	Misbehavior before the enemy
§ 900	100	Subordinate compelling surrender
§ 901	101	Improper use of countersign
§ 902	102	Forcing a safeguard
§ 903	103	Captured or abandoned property
§ 904	104	Aiding the enemy
§ 905	105	Misconduct as prisoner
§ 906	106	Spies
§ 906a	106a	Espionage
§ 907	107	False official statements
§ 908	108	Military property of United States—Loss, damage, destruction, or wrongful disposition
§ 909	109	Property other than military property of United States—waste, spoilage, or destruction
§ 910	110	Improper hazarding of vessel
§ 911	111	Drunken or reckless operation of a vehicle, aircraft, or vessel
§ 912	112	Drunk on duty
§ 912a	112a	Wrongful use, possession, etc., of controlled substances
§ 913	113	Misbehavior of sentinel
§ 914	114	Dueling
§ 915	115	Malingering
§ 916	116	Riot or breach of peace
§ 917	117	Provoking speeches or gestures
§ 918	118	Murder
§ 919	119	Manslaughter
§ 919	119a	Death or injury of an unborn child
§ 920	120	Rape and carnal knowledge
§ 920a	120a	Stalking
§ 921	121	Larceny and wrongful appropriation
§ 922	122	Robbery
§ 923	123	Forgery
§ 923a	123a	Making, drawing, or uttering check, draft, or order without sufficient funds
§ 924	124	Maiming
§ 925	125	Sodomy
§ 926	126	Arson
§ 927	127	Extortion
§ 928	128	Assault
§ 929	129	Burglary
§ 930	130	Housebreaking
§ 931	131	Perjury
§ 932	132	Frauds against the United States
§ 933	133	Conduct unbecoming an officer and a gentleman
§ 934	134	General article

Note that Article 134 encompasses offenses that are not specifically listed in the Manual for Courts-Martial, That is to say, "all disorders and neglects to the prejudice of good order and discipline in the armed forces, all conduct of a nature to bring discredit upon the armed forces, and crimes and offenses not capital, of which persons subject to this chapter may be guilty,". Article 134 is often considered to be a "catch-all" for various offenses that aren't necessarily covered by the other articles in the UCMJ. Article 134 offenses include disloyal statements, abusing public animal, adultery, bigamy, bribery and graft, drinking liquor with prisoner, fleeing scene of accident, fraternization, gambling with subordinate, et al. It’s colloquially referred to as the “Write your own law” or “Don’t be stupid” article, and reflect acts that are not specifically listed, but nevertheless committed, by military personnel that negatively impact the service, unit, etc.

Further reading

DA Pam 27-9 Military Judges Benchbook (.PDF)

Military Law Review. ISSN 0026-4040

See also

• Judge Advocate General's Corps
• Manual for Courts-Martial
• Military law
• Military rule
• Military courtesy
• Military of the United States
• Uniformed services of the United States
• Military Expression

Notes

1. ^ U.S. Const., Art. I, Sec. 8

External links

• Uniform Code of Military Justice
• Manual for Courts-Martial United States (2008 Edition) Caution: 5.54 MB PDF document.
• The original version of the MCM from the Library of Congress Caution: 5.53 MB PDF document.

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