Naval Science 402Naval Science 402Leadership and EthicsLeadership and Ethics

Senior Seminar #1

Introduction to Military Justice

and Discipline

ObjectivesObjectives

Comprehend the purpose, scope and constitutional basis of US Navy Regulations and the UCMJ and relate these regulations to personal conduct in the military service.

Comprehend junior officer roles and responsibilities relative to the military justice system and be aware of the essential publications relating to military justice.

ObjectivesObjectives Know how discipline and punishment differ.

Know the correct requirements for using Extra Military Instruction (EMI) at the division level.*

Be aware of administrative methods used to maintain good discipline.

Purpose of Military LawPurpose 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 2000

Constitutional BasisConstitutional Basis

U C MJ

C ongres s

J A G MA N NA V R E G S

MC M

Pres ident

C ourt Dec is ions

Supreme C ourt

C onstitutio n

Sources of Military / Naval LawSources of Military / Naval Law

Constitution

Uniform Code of Military Justice (UCMJ) Manual for Courts-Martial (MCM, 2000) Judge Advocate General Manual (JAGMAN) Service Regulations

U. S. Navy Regulations (1990) SORM, Local Directives, etc.

Court Reviews

Military CrimesMilitary Crimes

Generally have no civilian equivalent. Required by military necessity for good order

and discipline. Examples:

– Absence (AWOL, desertion …)– Offenses against authority

• Disrespect, orders violations

– Dereliction of duty– Fraternization

Military JusticeMilitary Justice

Enacted by a variety of methods:

– Administrative Counseling, Evaluations, Loss of

Privileges, etc.

– Disciplinary Nonjudicial Punishment

– Criminal Procedures Courts-Martial

JudicialJudicialCourt MartialCourt Martial

NonjudicialNonjudicial NJPNJP

Non PunitiveNon Punitive Letter Letter Non recommendationNon recommendationNon advancementNon advancement

CounselingCounseling One on oneOne on oneDirectionDirection

LeadershipLeadership Personal ExamplePersonal ExampleGuidanceGuidance SupervisionSupervision

The difference between The difference between Discipline and PunishmentDiscipline and Punishment

Discipline– Voluntary compliance with naval standards of

behavior.– … based on attitude; enforced by example,

supervision, positive leadership. Punishment

– Failure of discipline.– Imposed with the objective of improving

performance ( through punishing? ).– Legal requirements, restraints/constraints -- only

the CO (or above) can impose.*

Film Clip – Master and CommanderFilm Clip – Master and Commander

Negative Factors Affecting Negative Factors Affecting DisciplineDiscipline

Lack of interest, leadership by seniors

Lack of information flow to subordinates

Slackness in command

Instability in day-to-day operations– Frequent changes– Transfers

Military Court Appeals Military Court Appeals ProcessProcess

Court-MartialCourt-Martial

Court of Criminal AppealsCourt of Criminal Appeals(Navy-Marine Corps)(Navy-Marine Corps)

Court of AppealsCourt of Appeals(Armed Forces)(Armed Forces)

United StatesUnited StatesSupreme CourtSupreme Court

Non Punitive Administrative Non Punitive Administrative MeasuresMeasures

Extra Military Instruction

Administrative Withholding of Privileges

Nonpunitive Censure

Extra Military Instruction* Extra Military Instruction* JAGMAN 0103JAGMAN 0103

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 particular deficiency.

Limitations – Conducted at a reasonable time outside normal working

hours (CO must approve the after hours).– Max 2 hours/day, not on the member’s Sabbath.– Only as long as necessary.– Not used to deprive of liberty (not punishment).

Rights and PrivilegesRights and Privileges(Examples)(Examples)

Rights Liberty 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

Nonpunitive CensureNonpunitive Censure Not considered punishment. Issued to remedy a noted deficiency in

conduct or performance of duty. Contents may include the following:

– Identification of conduct or performance of duty deficiencies

– Direction for improvement– Language of admonishment– Identification of sources of assistance– Outline of corrective action

– Consequences of failing to correct the deficiencies.

Questions ?Questions ?

Next class – The UCMJ and Next class – The UCMJ and Navy RegulationsNavy Regulations

Reading Assignment

Naval Law: pages 18 and 19

MCM: Skim Appendix 2

Read Section IV, Article 92

***Bring MCM to class***