Uniform Code of Military Justice
Encyclopedia
The Uniform Code of Military Justice (UCMJ, , 10 U.S.C. Chapter 47), is the foundation of military law in the United States
. It is was established by the United States Congress
in accordance with the authority given by the United States Constitution
in Article I
, Section 8, which provides that "The Congress shall have Power . . . To make Rules for the Government and Regulation of the land and naval forces."
. If the trial results in a conviction, the case is reviewed by the convening authority
— the person who referred the case for trial by court-martial. The convening authority has discretion to mitigate the findings and sentence.
If the sentence, as approved by the convening authority, includes death, a bad-conduct discharge, a dishonorable discharge, dismissal of an officer, or confinement for one year or more, the case is reviewed by an intermediate court. There are four such courts — the Army Court of Criminal Appeals
, the Navy-Marine Corps Court of Criminal Appeals, the Air Force Court of Criminal Appeals
, and the Coast Guard Court of Criminal Appeals
.
After review by any of these intermediate courts, the next level of appeal is the United States Court of Appeals for the Armed Forces
(CAAF). The Supreme Court of the United States
has discretion under 28 U.S.C. § 1259 to review cases under the UCMJ on direct appeal where the CAAF has conducted a mandatory review (death penalty and certified cases), granted discretionary review of a petition, or otherwise granted relief. If the CAAF denies a petition for review or a writ appeal, consideration by the Supreme Court may be obtained only through collateral review (e.g., a writ of habeas corpus). Since 2007, several bills have been introduced into Congress to expand the accessibility of service members to the Supreme Court. See also Equal Justice for United States Military Personnel legislation
.
: 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
or during their Annual Training periods, which are orders issued under Title 10. 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
, 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, even when participating in missions assigned by the military or other branches of government. 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
.
(NJP) over their subordinates for minor breaches of discipline. These punishments are carried out after a hearing before the commander, but without a judge or jury. Punishments are limited to reduction in rank, loss of pay, restrictions of privileges, extra-duty, reprimands, and, aboard ships, confinement. Guidelines for the imposition of NJP are contained in Part V of the Manual for Courts-martial and the various service regulations.
, Navy
, Air Force
) concerned.
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
. 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 of the UCMJ is printed in latest edition of the Manual for Courts-Martial
(2008), incorporating changes made by the President (executive orders) and National Defense Authorization Act
s of 2006 and 2007.
.
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)
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.
Article 32
refers to the pre-trial investigation and hearing conducted before charges are referred to trial for court-martial. It may be conducted by a Judge Advocate General
(JAG) officer or non-JAG officer.
The General Article (Article 134)
encompasses offenses that are not specifically listed in the Manual for Courts-Martial: 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 a public animal, adultery
, bigamy
, bribery and graft, drinking liquor with a prisoner, fleeing the scene of accident, fraternization, gambling with a subordinate, et al. It reflects acts that are not specifically listed, but nevertheless committed, by military personnel that negatively impact the service, unit, etc. Moreover, it includes offenses which are not considered criminal in civilian legal codes.
Military Law Review. ISSN 0026-4040
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
. It is was established by the United States Congress
United States Congress
The United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....
in accordance with the authority given by the United States Constitution
United States Constitution
The Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...
in Article I
Article One of the United States Constitution
Article One of the United States Constitution describes the powers of Congress, the legislative branch of the federal government. The Article establishes the powers of and limitations on the Congress, consisting of a House of Representatives composed of Representatives, with each state gaining or...
, Section 8, which provides that "The Congress shall have Power . . . To make Rules for the Government and Regulation of the land and naval forces."
Courts-Martial
Courts-martial are conducted under the UCMJ and the Manual for Courts-MartialManual for Courts-Martial
The Manual for Courts-Martial is the official guide to the conduct of Courts-martial in the United States military. An Executive Order of the President of the United States, the MCM details and expands on the military law in the Uniform Code of Military Justice...
. If the trial results in a conviction, the case is reviewed by the convening authority
Convening Authority
The term convening authority is used in United States military law to refer to an individual whose job includes appointing officers to play a role in a court-martial, or similar military tribunal or military commission...
— the person who referred the case for trial by court-martial. The convening authority has discretion to mitigate the findings and sentence.
If the sentence, as approved by the convening authority, includes death, a bad-conduct discharge, a dishonorable discharge, dismissal of an officer, or confinement for one year or more, the case is reviewed by an intermediate court. There are four such courts — the Army Court of Criminal Appeals
Army Court of Criminal Appeals
In the United States military, the Army Court of Criminal Appeals is an appellate court that reviews certain court martial convictions of Army personnel.-Jurisdiction:...
, the Navy-Marine Corps Court of Criminal Appeals, the Air Force Court of Criminal Appeals
Air Force Court of Criminal Appeals
The Air Force Court of Criminal Appeals is an independent appellate judicial body authorized by Congress and established by the Judge Advocate General of the Air Force pursuant to the exclusive authority under . The Court hears and decides appeals of United States Air Force court-martial...
, and the Coast Guard Court of Criminal Appeals
Coast Guard Court of Criminal Appeals
The Coast Guard Court of Criminal Appeals is the intermediate appellate court for criminal convictions in the U.S. Coast Guard. It is located in Arlington, Virginia....
.
After review by any of these intermediate courts, the next level of appeal is the United States Court of Appeals for the Armed Forces
United States Court of Appeals for the Armed Forces
The United States Court of Appeals for the Armed Forces or CAAF is an Article I court that exercises worldwide appellate jurisdiction over members of the United States armed forces on active duty and other persons subject to the Uniform Code of Military Justice...
(CAAF). The Supreme Court of the United States
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
has discretion under 28 U.S.C. § 1259 to review cases under the UCMJ on direct appeal where the CAAF has conducted a mandatory review (death penalty and certified cases), granted discretionary review of a petition, or otherwise granted relief. If the CAAF denies a petition for review or a writ appeal, consideration by the Supreme Court may be obtained only through collateral review (e.g., a writ of habeas corpus). Since 2007, several bills have been introduced into Congress to expand the accessibility of service members to the Supreme Court. See also Equal Justice for United States Military Personnel legislation
Equal Justice for United States Military Personnel legislation
Since 2005, federal legislation has been introduced in the 109th Congress, 110th Congress, 111th Congress and the 112th Congress to amend Title 28 United States Code section 1259 to allow members of the United States Armed Forces to appeal court-martial convictions when the Court of Appeals for the...
.
Personal Jurisdiction
The UCMJ applies to all members of the Uniformed services of the United StatesUniformed services of the United States
The United States has seven federal uniformed services that commission officers as defined by Title 10, and subsequently structured and organized by Title 10, Title 14, Title 33 and Title 42 of the United States Code.-Uniformed services:...
: the Air Force
United States Air Force
The United States Air Force is the aerial warfare service branch of the United States Armed Forces and one of the American uniformed services. Initially part of the United States Army, the USAF was formed as a separate branch of the military on September 18, 1947 under the National Security Act of...
, Army
United States Army
The United States Army is the main branch of the United States Armed Forces responsible for land-based military operations. It is the largest and oldest established branch of the U.S. military, and is one of seven U.S. uniformed services...
, Coast Guard
United States Coast Guard
The United States Coast Guard is a branch of the United States Armed Forces and one of the seven U.S. uniformed services. The Coast Guard is a maritime, military, multi-mission service unique among the military branches for having a maritime law enforcement mission and a federal regulatory agency...
, Marine Corps
United States Marine Corps
The United States Marine Corps is a branch of the United States Armed Forces responsible for providing power projection from the sea, using the mobility of the United States Navy to deliver combined-arms task forces rapidly. It is one of seven uniformed services of the United States...
, Navy
United States Navy
The United States Navy is the naval warfare service branch of the United States Armed Forces and one of the seven uniformed services of the United States. The U.S. Navy is the largest in the world; its battle fleet tonnage is greater than that of the next 13 largest navies combined. The U.S...
, 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
Title 10 of the United States Code
Title 10 of the United States Code outlines the role of armed forces in the United States Code.It provides the legal basis for the roles, missions and organization of each of the services as well as the United States Department of Defense...
(Army Reserve
United States Army Reserve
The United States Army Reserve is the federal reserve force of the United States Army. Together, the Army Reserve and the Army National Guard constitute the reserve components of the United States Army....
, Navy Reserve
United States Navy Reserve
The United States Navy Reserve, until 2005 known as the United States Naval Reserve, is the Reserve Component of the United States Navy...
, Marine Forces Reserve, and Air Force Reserve
Air Force Reserve Command
The Air Force Reserve Command is a major command of the U.S. Air Force with its headquarters at Robins AFB, Georgia.It stood up as a major command of the Air Force on 17 February 1997....
) or Title 14 of the United States Code
Title 14 of the United States Code
Title 14 of the United States Code outlines the role of the United States Coast Guard in the United States Code.*Part I—Regular Coast Guard*Part II—Coast Guard Reserve and Auxiliary-External links:*, via United States Government Printing Office...
, 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
Army National Guard
Established under Title 10 and Title 32 of the U.S. Code, the Army National Guard is part of the National Guard and is divided up into subordinate units stationed in each of the 50 states, three territories and the District of Columbia operating under their respective governors...
and airmen
Air National Guard
The Air National Guard , often referred to as the Air Guard, is the air force militia organized by each of the fifty U.S. states, the commonwealth of Puerto Rico, the territories of Guam and the U.S. Virgin Islands, and the District of Columbia of the United States. Established under Title 10 and...
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
President of the United States
The President of the United States of America is the head of state and head of government of the United States. The president leads the executive branch of the federal government and is the commander-in-chief of the United States Armed Forces....
or during their Annual Training periods, which are orders issued under Title 10. 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 Military Academy
The United States Military Academy at West Point is a four-year coeducational federal service academy located at West Point, New York. The academy sits on scenic high ground overlooking the Hudson River, north of New York City...
, United States Naval Academy
United States Naval Academy
The United States Naval Academy is a four-year coeducational federal service academy located in Annapolis, Maryland, United States...
, United States Air Force Academy
United States Air Force Academy
The United States Air Force Academy is an accredited college for the undergraduate education of officer candidates for the United States Air Force. Its campus is located immediately north of Colorado Springs in El Paso County, Colorado, United States...
, and United States Coast Guard Academy
United States Coast Guard Academy
Founded in 1876, the United States Coast Guard Academy is the military academy of the United States Coast Guard. Located in New London, Connecticut, it is the smallest of the five federal service academies...
are also subject to the UCMJ. On the other hand, Reserve Officers' Training Corps
Reserve Officers' Training Corps
The Reserve Officers' Training Corps is a college-based, officer commissioning program, predominantly in the United States. It is designed as a college elective that focuses on leadership development, problem solving, strategic planning, and professional ethics.The U.S...
(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
Army Mountain Warfare School (United States)
The Army Mountain Warfare School is an Army school located at the Ethan Allen Firing Range, Jericho, Vermont to train soldiers in the specialized skills required for operating in mountainous terrain.-Purpose:...
, etc.).
Members of military auxiliaries
Auxiliaries
An auxiliary force is a group affiliated with, but not part of, a military or police organization. In some cases, auxiliaries are armed forces operating in the same manner as regular soldiers...
such as the Civil Air Patrol
Civil Air Patrol
Civil Air Patrol is a Congressionally chartered, federally supported, non-profit corporation that serves as the official civilian auxiliary of the United States Air Force . CAP is a volunteer organization with an aviation-minded membership that includes people from all backgrounds, lifestyles, and...
and the Coast Guard Auxiliary
United States Coast Guard Auxiliary
The United States Coast Guard Auxiliary is the uniformed volunteer component of the United States Coast Guard and was established on June 23, 1939 by an act of Congress as the United States Coast Guard Reserve, and was re-designated as the United States Coast Guard Auxiliary on February 19, 1941...
are not subject to the UCMJ, even when participating in missions assigned by the military or other branches of government. 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
Veterans Health Administration
The Veterans Health Administration is the component of the United States Department of Veterans Affairs led by the Under Secretary of Veterans Affairs for Health that implements the medical assistance program of the VA through the administration and operation of numerous VA outpatient clinics,...
.
Non-Judicial Punishment
Under Article 15 of the Code (Subchapter III), military commanders have the authority to exercise non-judicial punishmentNonjudicial punishment
Non-judicial punishment in the United States military, is a form of military justice authorized by Article 15 of the Uniform Code of Military Justice. Non-judicial punishment or "NJP" permits commanders to administratively discipline troops without a court-martial...
(NJP) over their subordinates for minor breaches of discipline. These punishments are carried out after a hearing before the commander, but without a judge or jury. Punishments are limited to reduction in rank, loss of pay, restrictions of privileges, extra-duty, reprimands, and, aboard ships, confinement. Guidelines for the imposition of NJP are contained in Part V of the Manual for Courts-martial and the various service regulations.
Complaints of Wrongs
Article 138 of the UCMJ provides that any service member may bring a complaint of wrongs against their commanding officer to the officer exercising general court-martial authority over the commander. That officer will investigate the complaint of wrongs and then report the findings of the investigation to the service Secretary (e.g., Secretary of the ArmyUnited States Secretary of the Army
The Secretary of the Army is a civilian official within the Department of Defense of the United States of America with statutory responsibility for all matters relating to the United States Army: manpower, personnel, reserve affairs, installations, environmental issues, weapons systems and...
, Navy
United States Secretary of the Navy
The Secretary of the Navy of the United States of America is the head of the Department of the Navy, a component organization of the Department of Defense...
, Air Force
United States Secretary of the Air Force
The Secretary of the Air Force is the Head of the Department of the Air Force, a component organization within the Department of Defense of the United States of America. The Secretary of the Air Force is appointed from civilian life by the President, by and with the advice and consent of the Senate...
) concerned.
History
On 30 June 1775, the Second Continental CongressSecond Continental Congress
The Second Continental Congress was a convention of delegates from the Thirteen Colonies that started meeting on May 10, 1775, in Philadelphia, Pennsylvania, soon after warfare in the American Revolutionary War had begun. It succeeded the First Continental Congress, which met briefly during 1774,...
established 69 Articles of War
Articles of War
The Articles of War are a set of regulations drawn up to govern the conduct of a country's military and naval forces. The phrase was first used in 1637 in Robert Monro's His expedition with the worthy Scots regiment called Mac-keyes regiment etc. and can be used to refer to military law in general...
to govern the conduct of the Continental Army
Continental Army
The Continental Army was formed after the outbreak of the American Revolutionary War by the colonies that became the United States of America. Established by a resolution of the Continental Congress on June 14, 1775, it was created to coordinate the military efforts of the Thirteen Colonies in...
.
Effective upon its ratification in 1789, Article I, Section 8 of the United States Constitution
United States Constitution
The Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...
provided that Congress
United States Congress
The United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....
has the power to regulate the land and naval forces
Military of the United States
The United States Armed Forces are the military forces of the United States. They consist of the Army, Navy, Marine Corps, Air Force, and Coast Guard.The United States has a strong tradition of civilian control of the military...
. 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
Harry S. Truman
Harry S. Truman was the 33rd President of the United States . As President Franklin D. Roosevelt's third vice president and the 34th Vice President of the United States , he succeeded to the presidency on April 12, 1945, when President Roosevelt died less than three months after beginning his...
, 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 of the UCMJ is printed in latest edition of the Manual for Courts-Martial
Manual for Courts-Martial
The Manual for Courts-Martial is the official guide to the conduct of Courts-martial in the United States military. An Executive Order of the President of the United States, the MCM details and expands on the military law in the Uniform Code of Military Justice...
(2008), incorporating changes made by the President (executive orders) and National Defense Authorization Act
National Defense Authorization Act
The National Defense Authorization Act is the name of a United States federal law that has been enacted for each of the past 48 fiscal years to specify the budget and expenditures of the United States Department of Defense.-See also:...
s of 2006 and 2007.
Current Subchapters
The UCMJ is found in Title 10, Subtitle A, Part II, Chapter 47 of the United States CodeUnited States Code
The Code of Laws of the United States of America is a compilation and codification of the general and permanent federal laws of the United States...
.
| Subchapter | Title | Section | Article |
|---|---|---|---|
| I | General Provisions | § 801 | 1 |
| II | Apprehension and Restraint | § 807 | 7 |
| III | Non-Judicial Punishment Nonjudicial punishment Non-judicial punishment in the United States military, is a form of military justice authorized by Article 15 of the Uniform Code of Military Justice. Non-judicial punishment or "NJP" permits commanders to administratively discipline troops without a court-martial... |
§ 815 | 15 |
| IV | Court-Martial Court-martial A court-martial is a military court. A court-martial is empowered to determine the guilt of members of the armed forces subject to military law, and, if the defendant is found guilty, to decide upon punishment.Most militaries maintain a court-martial system to try cases in which a breach of... Jurisdiction Jurisdiction Jurisdiction is the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area of responsibility... |
§ 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 United States Court of Appeals for the Armed Forces The United States Court of Appeals for the Armed Forces or CAAF is an Article I court that exercises worldwide appellate jurisdiction over members of the United States armed forces on active duty and other persons subject to the Uniform Code of Military Justice... |
§ 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
Judge Advocate General's Corps
Judge Advocate General's Corps, also known as JAG or JAG Corps, refers to the legal branch or specialty of the U.S. Air Force, Army, Coast Guard, and Navy. Officers serving in the JAG Corps are typically called Judge Advocates. The Marine Corps and Coast Guard do not maintain separate JAG Corps...
", "the Navy
United States Navy
The United States Navy is the naval warfare service branch of the United States Armed Forces and one of the seven uniformed services of the United States. The U.S. Navy is the largest in the world; its battle fleet tonnage is greater than that of the next 13 largest navies combined. The U.S...
, the Marine Corps
United States Marine Corps
The United States Marine Corps is a branch of the United States Armed Forces responsible for providing power projection from the sea, using the mobility of the United States Navy to deliver combined-arms task forces rapidly. It is one of seven uniformed services of the United States...
and the Coast Guard
United States Coast Guard
The United States Coast Guard is a branch of the United States Armed Forces and one of the seven U.S. uniformed services. The Coast Guard is a maritime, military, multi-mission service unique among the military branches for having a maritime law enforcement mission and a federal regulatory agency...
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
Military of the United States
The United States Armed Forces are the military forces of the United States. They consist of the Army, Navy, Marine Corps, Air Force, and Coast Guard.The United States has a strong tradition of civilian control of the 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
Self-incrimination
Self-incrimination is the act of accusing oneself of a crime for which a person can then be prosecuted. Self-incrimination can occur either directly or indirectly: directly, by means of interrogation where information of a self-incriminatory nature is disclosed; indirectly, when information of a...
is prohibited as a right under the Fifth Amendment
Fifth Amendment to the United States Constitution
The Fifth Amendment to the United States Constitution, which is part of the Bill of Rights, protects against abuse of government authority in a legal procedure. Its guarantees stem from English common law which traces back to the Magna Carta in 1215...
. Arresting officers utilize the Article 31 warning and waiver as a means to prevent this self-incrimination, much like the Miranda warning
Miranda warning
The Miranda warning is a warning given by police in the United States to criminal suspects in police custody before they are interrogated to preserve the admissibility of their statements against them in criminal proceedings. In Miranda v...
. Article 31 was already well-established before Miranda.
Article 32
Article 32 hearing
An Article 32 hearing is a proceeding under the United States Uniform Code of Military Justice, similar to that of a preliminary hearing in civilian law. Its name is derived from UCMJ section VII Article An Article 32 hearing is a proceeding under the United States Uniform Code of Military...
refers to the pre-trial investigation and hearing conducted before charges are referred to trial for court-martial. It may be conducted by a Judge Advocate General
Judge Advocate General
In the United Kingdom, the Judge Advocate General and Judge Martial of all the Forces is a judge responsible for the court martial process within the Royal Navy, British Army and Royal Air Force.-Qualifications:...
(JAG) officer or non-JAG officer.
Punitive Articles
Subchapter X, "Punitive Articles," is the subchapter that details offenses under the uniform code:| Section | Article | Title |
|---|---|---|
| § 877 | 77 | Principals Principal (criminal law) Under criminal law, a principal is any actor who is primarily responsible for a criminal offense. Such an actor is distinguished from others who may also be subject to criminal liability as accomplices, accessories or conspirators.... |
| § 878 | 78 | Accessory after the fact Accessory (legal term) An accessory is a person who assists in the commission of a crime, but who does not actually participate in the commission of the crime as a joint principal... |
| § 879 | 79 | Conviction Conviction In law, a conviction is the verdict that results when a court of law finds a defendant guilty of a crime.The opposite of a conviction is an acquittal . In Scotland and in the Netherlands, there can also be a verdict of "not proven", which counts as an acquittal... of lesser included offense. |
| § 880 | 80 | Attempt Attempt Attempt was originally an offence under the common law of England.Attempt crimes are crimes where the defendant's actions have the form of the actual enaction of the crime itself: the actions must go beyond mere preparation.... s |
| § 881 | 81 | Conspiracy Conspiracy (crime) In the criminal law, a conspiracy is an agreement between two or more persons to break the law at some time in the future, and, in some cases, with at least one overt act in furtherance of that agreement... |
| § 882 | 82 | Solicitation Solicitation Literally, solicitation means: 'urgently asking'. It is the action or instance of soliciting; petition; proposal. In criminal law, it most commonly refers to either the act of offering goods or services, or the act of attempting to purchase such goods or services... |
| § 883 | 83 | Fraud Fraud In criminal law, a fraud is an intentional deception made for personal gain or to damage another individual; the related adjective is fraudulent. The specific legal definition varies by legal jurisdiction. Fraud is a crime, and also a civil law violation... ulent enlistment, appointment, or separation |
| § 884 | 84 | Unlawful enlistment, appointment, or separation |
| § 885 | 85 | Desertion Desertion In military terminology, desertion is the abandonment of a "duty" or post without permission and is done with the intention of not returning... |
| § 886 | 86 | Absence without leave Desertion In military terminology, desertion is the abandonment of a "duty" or post without permission and is done with the intention of not returning... |
| § 887 | 87 | Missing movement Desertion In military terminology, desertion is the abandonment of a "duty" or post without permission and is done with the intention of not returning... |
| § 888 | 88 | Contempt toward officials Contempt toward officials Contempt towards officials is addressed in the Punitive articles, specifically Article 88 of the U.S. Uniform Code of Military Justice in the Manual for Courts-Martial , United States as follows:-Elements:... |
| § 889 | 89 | Disrespect toward superior commissioned officer |
| § 890 | 90 | Assaulting or willfully disobeying superior commissioned officer |
| § 891 | 91 | Insubordinate conduct Insubordination Insubordination is the act of willfully disobeying an authority. Refusing to perform an action that is unethical or illegal is not insubordination; neither is refusing to perform an action that is not within the scope of authority of the person issuing the order.Insubordination is typically a... toward warrant officer, noncommissioned officer, or petty officer |
| § 892 | 92 | Failure to obey order or regulation |
| § 893 | 93 | Cruelty and maltreatment |
| § 894 | 94 | Mutiny Mutiny Mutiny is a conspiracy among members of a group of similarly situated individuals to openly oppose, change or overthrow an authority to which they are subject... or sedition Sedition In law, sedition is overt conduct, such as speech and organization, that is deemed by the legal authority to tend toward insurrection against the established order. Sedition often includes subversion of a constitution and incitement of discontent to lawful authority. Sedition may include any... |
| § 895 | 95 | Resistance, flight, breach of arrest, and escape |
| § 896 | 96 | Releasing prisoner without proper authority |
| § 897 | 97 | Unlawful detention False imprisonment False imprisonment is a restraint of a person in a bounded area without justification or consent. False imprisonment is a common-law felony and a tort. It applies to private as well as governmental detention... |
| § 898 | 98 | Noncompliance with procedural rules |
| § 899 | 99 | Misbehavior before the enemy Cowardice Cowardice is the perceived failure to demonstrate sufficient mental robustness and courage in the face of a challenge. Under many military codes of justice, cowardice in the face of combat is a crime punishable by death... |
| § 900 | 100 | Subordinate compelling surrender |
| § 901 | 101 | Improper use of countersign |
| § 902 | 102 | Forcing a safeguard |
| § 903 | 103 | Captured or abandoned property Property Property is any physical or intangible entity that is owned by a person or jointly by a group of people or a legal entity like a corporation... |
| § 904 | 104 | Aiding the enemy |
| § 905 | 105 | Misconduct as prisoner |
| § 906 | 106 | Spies Spies Spies most commonly refers to people who engage in spying, espionage or clandestine operations.Spies may also refer to:- Media and entertainment :* Spies , a jazz fusion band* "Spies" , a song... |
| § 906a | 106a | Espionage Espionage Espionage or spying involves an individual obtaining information that is considered secret or confidential without the permission of the holder of the information. Espionage is inherently clandestine, lest the legitimate holder of the information change plans or take other countermeasures once it... |
| § 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 Driving under the influence Driving under the influence is the act of driving a motor vehicle with blood levels of alcohol in excess of a legal limit... or reckless operation Reckless driving Reckless driving is a major moving traffic violation. As a legal term, it is used within the United States. This offence has been abolished in the United Kingdom and replaced... 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 | Duel Duel A duel is an arranged engagement in combat between two individuals, with matched weapons in accordance with agreed-upon rules.Duels in this form were chiefly practised in Early Modern Europe, with precedents in the medieval code of chivalry, and continued into the modern period especially among... ing |
| § 915 | 115 | Malingering Malingering Malingering is a medical term that refers to fabricating or exaggerating the symptoms of mental or physical disorders for a variety of "secondary gain" motives, which may include financial compensation ; avoiding school, work or military service; obtaining drugs; getting lighter criminal sentences;... |
| § 916 | 116 | Riot Riot A riot is a form of civil disorder characterized often by what is thought of as disorganized groups lashing out in a sudden and intense rash of violence against authority, property or people. While individuals may attempt to lead or control a riot, riots are thought to be typically chaotic and... or breach of peace Breach of the peace Breach of the peace is a legal term used in constitutional law in English-speaking countries, and in a wider public order sense in Britain.-Constitutional law:... |
| § 917 | 117 | Provoking speeches or gestures |
| § 918 | 118 | Murder Murder Murder is the unlawful killing, with malice aforethought, of another human being, and generally this state of mind distinguishes murder from other forms of unlawful homicide... |
| § 919 | 119 | Manslaughter Manslaughter Manslaughter is a legal term for the killing of a human being, in a manner considered by law as less culpable than murder. The distinction between murder and manslaughter is said to have first been made by the Ancient Athenian lawmaker Dracon in the 7th century BC.The law generally differentiates... |
| § 919 | 119a | Death or injury of an unborn child |
| § 920 | 120 | Rape Rape Rape is a type of sexual assault usually involving sexual intercourse, which is initiated by one or more persons against another person without that person's consent. The act may be carried out by physical force, coercion, abuse of authority or with a person who is incapable of valid consent. The... and carnal knowledge Carnal knowledge Carnal knowledge is an archaic or legal euphemism for sexual intercourse. The term derives from the Biblical usage of the verb know/knew, as in the King James and other versions, a euphemism for sexual conduct... |
| § 920a | 120a | Stalking Stalking Stalking is a term commonly used to refer to unwanted and obsessive attention by an individual or group to another person. Stalking behaviors are related to harassment and intimidation and may include following the victim in person and/or monitoring them via the internet... |
| § 921 | 121 | Larceny Larceny Larceny is a crime involving the wrongful acquisition of the personal property of another person. It was an offence under the common law of England and became an offence in jurisdictions which incorporated the common law of England into their own law. It has been abolished in England and Wales,... and wrongful appropriation |
| § 922 | 122 | Robbery Robbery Robbery is the crime of taking or attempting to take something of value by force or threat of force or by putting the victim in fear. At common law, robbery is defined as taking the property of another, with the intent to permanently deprive the person of that property, by means of force or fear.... |
| § 923 | 123 | Forgery Forgery Forgery is the process of making, adapting, or imitating objects, statistics, or documents with the intent to deceive. Copies, studio replicas, and reproductions are not considered forgeries, though they may later become forgeries through knowing and willful misrepresentations. Forging money or... |
| § 923a | 123a | Making, drawing, or uttering check Cheque A cheque is a document/instrument See the negotiable cow—itself a fictional story—for discussions of cheques written on unusual surfaces. that orders a payment of money from a bank account... , draft, or order without sufficient funds Non-sufficient funds Non-sufficient funds is a term used in the banking industry to indicate that a demand for payment cannot be honored because insufficient funds are available in the account on which the instrument was drawn. In simplified terms, a cheque has been presented for clearance, but the amount written on... |
| § 924 | 124 | Maiming |
| § 925 | 125 | Sodomy Sodomy Sodomy is an anal or other copulation-like act, especially between male persons or between a man and animal, and one who practices sodomy is a "sodomite"... |
| § 926 | 126 | Arson Arson Arson is the crime of intentionally or maliciously setting fire to structures or wildland areas. It may be distinguished from other causes such as spontaneous combustion and natural wildfires... |
| § 927 | 127 | Extortion Extortion Extortion is a criminal offence which occurs when a person unlawfully obtains either money, property or services from a person, entity, or institution, through coercion. Refraining from doing harm is sometimes euphemistically called protection. Extortion is commonly practiced by organized crime... |
| § 928 | 128 | Assault Assault In law, assault is a crime causing a victim to fear violence. The term is often confused with battery, which involves physical contact. The specific meaning of assault varies between countries, but can refer to an act that causes another to apprehend immediate and personal violence, or in the more... |
| § 929 | 129 | Burglary Burglary Burglary is a crime, the essence of which is illicit entry into a building for the purposes of committing an offense. Usually that offense will be theft, but most jurisdictions specify others which fall within the ambit of burglary... |
| § 930 | 130 | Housebreaking |
| § 931 | 131 | Perjury Perjury Perjury, also known as forswearing, is the willful act of swearing a false oath or affirmation to tell the truth, whether spoken or in writing, concerning matters material to a judicial proceeding. That is, the witness falsely promises to tell the truth about matters which affect the outcome of the... |
| § 932 | 132 | Frauds against the United States |
| § 933 | 133 | Conduct unbecoming an officer and a gentleman Conduct unbecoming an officer and a gentleman Conduct unbecoming an officer and a gentleman is an offense subject to court martial defined in the punitive code, Article 133, of the United States Uniform Code of Military Justice , enacted at .... |
| § 934 | 134 | General article General article (military law) A general article, in military law is a legal provision that authorizes punishment of military personnel on grounds that are less specific as to the particulars of the offense and as to the punishment, compared to most crimes in modern West European law... |
The General Article (Article 134)
General article (military law)
A general article, in military law is a legal provision that authorizes punishment of military personnel on grounds that are less specific as to the particulars of the offense and as to the punishment, compared to most crimes in modern West European law...
encompasses offenses that are not specifically listed in the Manual for Courts-Martial: 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
Disloyal statements
Article 134 of the Uniform Code of Military Justice also known as the General Article of the UCMJ is an article of military law in the United States that provides for penalties by court-martial various offences that prejudice good order and discipline or bring discredit upon the armed forces, such...
, abusing a public animal, adultery
Adultery
Adultery is sexual infidelity to one's spouse, and is a form of extramarital sex. It originally referred only to sex between a woman who was married and a person other than her spouse. Even in cases of separation from one's spouse, an extramarital affair is still considered adultery.Adultery is...
, bigamy
Bigamy
In cultures that practice marital monogamy, bigamy is the act of entering into a marriage with one person while still legally married to another. Bigamy is a crime in most western countries, and when it occurs in this context often neither the first nor second spouse is aware of the other...
, bribery and graft, drinking liquor with a prisoner, fleeing the scene of accident, fraternization, gambling with a subordinate, et al. It reflects acts that are not specifically listed, but nevertheless committed, by military personnel that negatively impact the service, unit, etc. Moreover, it includes offenses which are not considered criminal in civilian legal codes.
See also
- Judge Advocate General's CorpsJudge Advocate General's CorpsJudge Advocate General's Corps, also known as JAG or JAG Corps, refers to the legal branch or specialty of the U.S. Air Force, Army, Coast Guard, and Navy. Officers serving in the JAG Corps are typically called Judge Advocates. The Marine Corps and Coast Guard do not maintain separate JAG Corps...
- Manual for Courts-MartialManual for Courts-MartialThe Manual for Courts-Martial is the official guide to the conduct of Courts-martial in the United States military. An Executive Order of the President of the United States, the MCM details and expands on the military law in the Uniform Code of Military Justice...
- Military lawMilitary lawMilitary justice is the body of laws and procedures governing members of the armed forces. Many states have separate and distinct bodies of law that govern the conduct of members of their armed forces. Some states use special judicial and other arrangements to enforce those laws, while others use...
- Military ruleMilitary ruleMilitary rule may mean:* Militarism or militarist ideology - the ideology of government as best served when under military control* Military occupation, when a country or area is occupied after invasion.** List of military occupations...
- Military courtesyMilitary courtesyMilitary courtesy is one of the defining features of a professional military force. These courtesies form a strict and sometimes elaborate code of conduct....
- Military of the United StatesMilitary of the United StatesThe United States Armed Forces are the military forces of the United States. They consist of the Army, Navy, Marine Corps, Air Force, and Coast Guard.The United States has a strong tradition of civilian control of the military...
- Uniformed services of the United StatesUniformed services of the United StatesThe United States has seven federal uniformed services that commission officers as defined by Title 10, and subsequently structured and organized by Title 10, Title 14, Title 33 and Title 42 of the United States Code.-Uniformed services:...
- Military ExpressionMilitary expressionMilitary expression is an area of military law pertaining to the United States military that relates to the free speech rights of its service members.- Limitations on military expression :...
Further reading
DA Pam 27-9 Military Judges Benchbook (.PDF)Military Law Review. ISSN 0026-4040
External links
- Uniform Code of Military Justice
- Manual for Courts-Martial United States (2008 Edition) Caution: 5.54 MB PDFPortable Document FormatPortable Document Format is an open standard for document exchange. This file format, created by Adobe Systems in 1993, is used for representing documents in a manner independent of application software, hardware, and operating systems....
document. - The original version of the MCM from the Library of Congress Caution: 5.53 MB PDF document.