UNIFORM CODE OF MILITARY JUSTICEUntil 1951, the various branches of our armedforces operated under different military codes. TheArmy’s Articles of War guided the administration ofdiscipline and legal processes of the Army and AirForce. The Navy was guided by the Articles for theGovernment of the Navy (“Rocks and Shoals”), and theCoast Guard, by the Disciplinary Laws of the CoastGuard. Not surprisingly, an act considered an offense inthe eyes of the Navy might not have been judged so inthe Army. Even if an act was a breach of discipline in allbranches of the armed forces, the type of trial andseverity of punishment awarded varied.A standardized code of military justice wasrecognized as a logical and necessary unificationmeasure. Secretary of Defense, James Forrestal,appointed an interservice committee to study themeasure. After an intensive study, the committeedrafted what is now known as the Uniform Code ofMilitary Justice (UCMJ). The UCMJ was passed byCongress on 5 May 1950, signed into law by thePresident, and became effective 31 May 1951.The Manual for Courts-Martial, United States,1951 (MCM), consolidated and standardized militarylegal procedures. Effective 31 May 1951, the same dateas the original UCMJ, the MCM became the newstandard of military justice. Case decisions of the Courtof Military Appeals and changes in courts-martialprocedures have made necessary several changes to theoriginal manual. The current edition is the Manual forCourts-Martial, 1995 Edition.Congress and the Navy have taken steps to ensureyou will know the disciplinary laws and regulationsmost likely to affect your daily life. Article 137 of theUCMJ states that certain articles of the Code must beexplained carefully to every enlisted person at certainintervals. They must be explained—at the time the person enters on active duty,after 6 months of active duty, andwhen the person reenlists.In general, these articles concern the followingtopics:Navy Regulations supplements article 137 of theUCMJ by requiring each command to post the text ofthose articles in the preceding list in a conspicuousplace. Navy Regs also requires each command to includethese and other appropriate articles of Navy Regulationsin the command’s training and education program.Copies of the complete UCMJ (140 articles), NavyRegulations, and other general orders are available toany person who wants to read them.Excerpts from the Uniform Code of MilitaryJusticeThe purpose of this section is not to make you anexpert on the Uniform Code of Military Justice (UCMJ)but to give you an overview of each of the articlesprescribed by article 137. Those articles that are2-16Article Subject2 Persons subject to the Code3 Jurisdiction to try certain persons eventhough they have been separated fromthe service7-14Apprehension and restraint15 Nonjudicial punishment (captain’smast)25 Membership of courts-martial27 Detail of trial and defense counsel31 Compulsory self-incriminationprohibited37 Unlawful influence on the court38 Duties of counsel55 Certain cruel and unusual punishmentsprohibited77-134 Punitive articles137 Articles that must be explained138 Complaints of wrongs139 Payment for injury or loss of propertyStudent Notes:
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