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Uniform Code of Military Justice
NOTE: The UCMJ was taken from Wikipedia.com and the Military Judges Benchbook (checked for accuracy). Do not click any of the links above as the UCMJ was copied and pasted directly from Wikipedia. Thank you.
FORMS OF PUNISHMENT
The following are the forms of punishment which may be imposed for violations the of the UCMJ. All forms of punishment are subject to restrictions specified in the UCMJ. The UCMJ provides limitations of sentences based on the nature of the crime, the form of adjudication (nonjudicial punishment or court-martial), and the position/rank of the individual assigning the punishment or the type of court-martial which convicted the Marine.
1. REPRIMAND. The convening authority of a court-martial or a commanding officer may punish a Marine by censure. A reprimand is a severe form of censure that adversely reflects upon the conduct of the person addressed. A reprimand my be presented either orally or in writing; however, it is normally delivered in the written form.
2. LOSS OF NUMBERS, lineal position, or seniority. This form of punishment is reserved for commissioned officers only.
3. REDUCTION IN PAY GRADE. A reduction in pay grade causes the accused to be of the rank and pay grade to which reduced.
4. RESTRICTION TO SPECIFIC LIMITS. Restriction deprives the accused of normal liberty privileges. The sentence will specify the physical and geographic locations in which the individual is allowed, how long the restriction shall last, and when that individual must be present at specific locations. A Marine who is being punished by restriction is not exempt from performing normal duty requirements. In the Band of Marines, certain restrictions will vary. Sometimes a restriction will restrict leave time (in other words, any requests for leave will be denied).
5. PUNITIVE SEPARATION. This form of punishment results in the convicted Marine being removed from the service and given either a dishonorable or bad-conduct discharge.
COURT-MARTIALS
The three types of courts-martial are summary, special, and general. The differences among the three types of courts-martial are based on their composition, level of authority, and severity of punishments authorized.
1. A summary court-martial is composed of one officer with the rank of Captain or higher.
a) The lowest level of authority to convene a summary court-martial is normally a battalion commander or the equivalent; however, under special circumstances, a commanding officer of a separate or detached command (this includes company commanders or executive officers) may be granted the authority by his superiors.
b) A summary court-martial may adjudge any punishment not forbidden by the UCMJ, except dismissal, dishonorable. discharge, bad-conduct, or restriction for more than 2 months. In the case of sergeants and above, a summary court-martial may not award a reduction of rank of more than one rank.
c) A summary court-martial may not try a commissioned officer, warrant officer, cadets, midshipmen for any capital offenses. However, no Marine can be compelled to accept a summary court-martial. Since a summary court-martial is less formal than the other two types of courts, a Marine may refuse to accept trial by summary court-martial and may request a special court-martial. However, he should be aware that conviction by a special or general court-martial constitutes a felony conviction.
2. A special court-martial can be composed of a military judge alone, not more than three impartial active duty armed service personnel, or a military judge and not more than three armed services personnel. The impartial personnel; can be commissioned officers, warrant officers, or enlisted personnel. If the accused is a commissioned officer, no member can be a warrant officer or enlisted person. If the accused is a warrant officer, no member can be an enlisted person. If the accused is an enlisted person, he may request that at least one third of the members of the court be enlisted.
a) The lowest level of authority to convene a special court-martial is normally a brigade or regimental commander or the equivalent. However, under special circumstances, a commanding officer of a separate or detached battalion may be granted the authority by his superiors. In the Band of Marines, a company commander may convene a court-martial; however, a company executive officer may not convene a special court-martial.
b) A special court-martial may adjudge any punishment not forbidden by the UCMJ, except dismissal or dishonorable discharge.
c) Normally, a special court-martial may not try any capital offense where there is a mandatory punishment beyond the maximum punitive power of a special court-martial.
3. A general court-martial can be composed of a military judge alone or a military judge and not more than five impartial armed services personnel. The impartial personnel can be commissioned officers, warrant officers, or enlisted personnel. If the accused is a commissioned officer, no member can be a warrant officer or enlisted person. If the accused is a warrant officer, no member can be an enlisted person. If the accused is an enlisted person, he may request that at least one third of the members of the court be enlisted.
a) The lowest level of authority to convene a general court-martial is normally a division, wing, or base commanding general, or the equivalent. However, under special circumstances, a commanding officer of a separate or detached unit may be granted the authority by his superiors. In the Band of Marines, a executive officer or battalion commander may convene a general court-martial.
b) A general court-martial may adjudge any punishment not forbidden by the UCMJ.
RIGHTS OF THE ACCUSED
The rights of the accused before judicial and nonjudicial proceedings are based on the laws of this country and specified in the UCMJ.
1. Your rights before judicial proceedings include but are not limited to:
a) being considered innocent until proven guilty,
b) remaining silent and being informed that if you do make a statement it can be used against you in a court-martial,
c) being represented by a lawyer,
d) being protected from double jeopardy,
e) calling witnesses on your behalf,
f) having your sentence reviewed,
g) having a speedy trial,
h) being informed of all charges against you,
i) having the assistance of an interpreter,
j) protection against illegal searches and seizures,
k) challenging members of the court,
l) having enlisted representation on special and general courts-martial,
m) being tried by a military judge, and
n) being tried by court-martial vice nonjudicial punishment
2. Your rights before nonjudicial proceedings include but are not limited to:
a) appearing before all boards and fact-finding bodies:
b) examining, objecting to, and challenging the introduction of all physical and documentary evidence;
c) examining, cross-examining, and challenging the testimony of all witnesses;
d) introducing evidence on your behalf;
e) testifying on your behalf; and
f) making a voluntary statement for the official records.
REQUEST MAST
You can use this procedure to discuss any matter with your commanding officer (company commander and above) in your chain of command. The procedures are designed to allow for timely and appropriate responses to your request. If you are following the proper procedures for requesting mast, no one may prohibit you from speaking with your commanding officer at the proper time and place. This includes any commanding general who is located in the same geographic area as you.
1. The procedural points for request mast below the commanding general level are contained in the following
a) You may submit your request at the lowest echelon and have it forwarded via the chain of command to the commander with whom you wish to speak.
b) You do not have to state the matter of concern, either orally or in writing;. to anyone in the chain of command until you have reached the officer to whom you originally requested mast.
c) You should not have to wait more than 24 hours between levels of the chain of command whenever possible.
d) You may request mast without fear of prejudice to your interest.
e) Upon completion of request mast, you must make a written statement regarding the degree of satisfaction you had with the outcome of your request.
f) If your request mast to a higher commander is resolved by a lower commander, you must make a written, witnessed statement indicating the degree of satisfaction you have had and your willingness to withdraw the request to higher authority.
g) Your request mast will be conducted at the earliest reasonable time and not later than 72 hours after submission whenever possible. If your request is of an emergency nature, it should be heard within 24 hours if at all possible.
2. The additional procedural points for request mast with your commanding general are contained in the following
a) You must prepare a complete written statement indicating the reasons for the request mast. It must include a list of witnesses with a summary of the expected testimony of each.
b) You must, if applicable, attach any documents that support your request.
c) Your statement must also include a list of persons in your chain of command that you have already seen and any action that they have taken.
JUDICIAL PUNISHMENT
The purpose of nonjudicial punishment is to provide an essential and prompt news of maintaining good order and discipline to your unit's commanding officer. It also promotes positive behavior changes in Marines without the stigma of a court-martial conviction.
1. If you are the accused Marine, you have the option of either demanding trial by court-martial or accepting nonjudicial punishment.
2. Once your commanding officer has passed judgment and sentenced you, if you feel that the punishment awarded to you is unjust or disproportionate to the offense, you may appeal all or part of your sentence to the next higher authority. He may set aside, decrease, suspend, or let stand any portion of all of the original sentence. However, he cannot in any way increase the original sentence.
DISCHARGES
As a Marine, you may be given one of five different discharges. The type of discharge you are awarded is based on the method by which it is awarded and the character of your service.
1. To receive a dishonorable discharge a Marine must be convicted by a general court-martial of an offense of a dishonorable nature. These are offenses generally recognized by the civilian courts as being serious felonies. However, a Marine may also be awarded a dishonorable discharge if he his been convicted by court-martial of three or more offenses in the last year, regardless of whether any of the charges were severe enough to result in a dishonorable discharge by themselves.
2. For a Marine to receive a bad-conduct discharge, he must have been convicted by a general or special court-martial of an offense under the UCMJ which was serious enough to warrant this form of discharge. A Marine may also receive a bad-conduct discharge from a court-martial for a minor offense when he has previously been found guilty of repeated offenses in a combination of judicial and nonjudicial proceedings. Additionally, a Marine may be awarded a bad conduct discharge if he has been convicted by court-martial of two or more offenses in the past 3 years even if none of the previous or current charges are severe enough to warrant such a discharge.
3. A Marine may receive a general discharge under other than honorable (OTH) conditions if his service has been characterized by conduct that was a significant departure from the conduct expected of a Marine. This usually involves illegal acts or comission of acts that are characterized by violence that result in serious bodily injury, breech of special trust, disregard for the normal superior-subordinate relationship, drug abuse or trafficking, or endangering the security of the Marine Corps. Under these conditions, the discharge is awarded in lieu of court-martial.
4. A Marine may receive a general discharge under honorable conditions if his service was characterized by significant negative aspects reflected in his performance or conduct. This type of discharge is normally awarded to Marines whose average proficiency or conduct marks fall below 3.0 or 4.0 respectively.
LAW OF WAR
Discipline in combat is essential. Disobedience to the law of war dishonors the Nation, the Marine Corps, and the individual Marine, and far from weakening the enemy's will to fight, it strengthens it. The following principles require the Marine's adherence in the accomplishment of any mission. Violations have an adverse impact on public opinion both national and international and have on occasion served to prolong conflict by inciting an opponent to continue resistance and in most cases constitute violations of the UCMJ. Violations of these principles prejudice the good order and discipline essential to success in combat.
1. Marines fight only enemy combatants.
2. Marines do not harm enemies who surrender. They must disarm them and turn them over to their superior.
3. Marines do not kill or torture prisoners.
4. Marines collect and care for the wounded, whether friend or foe.
5. Marines do not attack medical personnel, facilities, or equipment.
6. Marines destroy no more than the mission requires.
7. Marines treat all civilians humanely.
8. Marines do not steal. Marines respect private property and possessions.
9. Marines should do their best to prevent violations of the law of war. They must report all violations of the law of war to their superior.
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Latest page update: made by SnappedSky
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