I n t e g r i t y - S e r v i c e - E x c e l l e n c e

Air Education and Training CommandAir Education and Training Command

Sustaining the Combat Capability of America’s Air Force

Introduction to the Manual for Courts-Martial, Rights of the Accused, and State

Codes

Sustaining the Combat Capability of America’s Air Force

Overview

Purpose of Military Law The Manual for Courts-Martial (MCM) Rights of an Accused

Rights AdvisementTraining Requirements

Parts of a Punitive Article Commonly used Punitive Articles

MP1. Purpose of Military Law

Preamble of the MCM:

“The purpose of military law is 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 strengthen the national security of the United States”

MP2. Manual for Courts-Martial Overview

Part 1: Preamble

Part 2: Rules for Courts-Martial (RCM)

Part 3: Military Rules of Evidence (MRE)

Part 4: The Punitive Articles

Part 5: Nonjudical Punishment (NJP) Procedures

MP3. Rights of an Accused

Article 31• Presumption of innocence• Burden of proof• Reasonable Doubt• Self-Incrimination• Rights Advisement

MP3. Rights of an Accused

Article 32• Pretrial Investigation• General Courts-Martial

Article 38, Right to an attorneyArticle 27, Equal QualificationsArticle 137, UCMJ training requirements

• Initial entry• After completion of 6 months of active duty• Upon reenlistment

MP4. Parts of the Punitive Article

Articles 77 – 134• Part 1: Text• Part 2: Elements• Part 3: Explanation• Part 4: Lesser Included Offenses• Part 5: Maximum Permissible Punishments• Part 6: Sample Specifications

MP4. Common Punitive Article

Article 85, Desertion Article 86, Absence without leave Article 91, Insubordinate Conduct toward warrant officer,

noncommissioned officer, or petty officer Article 92, Failure to obey order or regulation Article 107, False Official Statement Article 108, Military property of the United States –sale, loss, damage,

destruction or wrongful disposition Article 111, Drunken or reckless operation of vehicle, aircraft, or vessel Article 112, Drunk on Duty Article 112a, Wrongful use, possession, etc. of controlled substances Article 117, Provoking Speeches and gestures Article 123a, Making, drawing, or uttering check without sufficient funds Article 128, Assault Article 134, General Article

MP4. Common Punitive Article

State CodesMost states have a State Code of Military JusticeFound within the state statutesVaries from state to state

Examples of State Codes of Military Justice

Summary

Purpose of Military Law The Manual for Courts-Martial (MCM) Rights of an Accused

Rights AdvisementTraining Requirements

Parts of a Punitive Article Commonly used Punitive Articles

I n t e g r i t y - S e r v i c e - E x c e l l e n c e

Sustaining the Combat Capability of America’s Air Force