The Uniform code of Military Justice (UCMJ) is the system for administering justice for the military. The UCMJ evolved from the Articles Of War, which was in effect from 1770 to 1950. There were separate systems for the Army and for the Navy, and the UCMJ was not as in alignment with Federal level civil law as it should have been. With the establishment of the Office of the Secretary Of Defense, the new UCMJ, which was commissioned to be written by civilian legal experts, came into effect, unifying the military legal systems for all branches of the Armed Forces. The Manual For Courts Martial was included a year later, as ordered by President Truman.
The President is allowed to modify rules of evidence and other procedures. The rights of accused individuals, were greatly improved under the UCMJ.
Anyone who is on active duty in the military, students at the military academies, some retirees and reservists, and prisoners of war are under the authority of the UCMJ in addition to any civil law that may apply. In other words, a crime committed off duty in Germany can be prosecuted under German law, or the individual can be prosecuted under the UCMJ if the German government agrees to hand the individual over.
The reason that the UCMJ is far more restrictive of rights than civilian law, concerns the need for good order and discipline in military functions, or the ultimate demands of discipline and duty.
The most controversial differences between life under the UCMJ and civilian life are that personal and private sexual behaviors are regulated. Adultery and homosexuality are crimes that are punishable with jail time. Freedom of speech, political activity, and rights to unionize or engage in any form of group protest are severely restricted in comparison with a civilian’s rights.
But other behaviors and conduct are looked at as criminal offenses, some of which are very broadly and vaguely worded. While “failure to obey a direct order” is very obvious, “Conduct unbecoming and officer and a gentlemen” is not so clearly obvious. This offense is under article 133, which along with article 134 generated a first amendment challenge, which was overthrown in 1974.
Article 134 is worse than article 133, and includes “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.” 1
Article 15 allows for a unit commander to serve as judge and jury, and to make findings and determine punishment without neccessarily committing to permanent marks on a soldier’s record. Article 15 has also been challenged because of the potential for bias, unfairness, and abuse. But most civilians do not understand that no commander gets away with too many article 15’s without several higher levels of command watching very carefully. The soldier is being given a break, frankly, as this is the most informal and light form of punishment possible.
There are limitations that have been placed on the “reach” of the UCMJ. The crime has to be related to military service, civilians, non dependent and dependent family members, or even visiting friends are not subject to the authority of the UCMJ. And if a soldier has been discharged, he or she cannot be court martialed for crimes committed while in service.
There are two levels of appeal for UCMJ cases: the U.S. Court of Appeals for the Armed Forces (USCAAF), and the US Supreme Court.
NOTE 1 AND CITATION
