Uniform Code of Military Justice: History

Uniform Code of Military Justice
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The Uniform Code of Military Justice (UCMJ, 64 Stat. 109, 10 U.S.C. §§ 801–946) is

the foundation of military law in the United States. It 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".
Contents
 1History
 2Jurisdiction
o 2.1Courts-martial
o 2.2Personal jurisdiction
o 2.3Non-judicial punishment
o 2.4Complaints of wrongs and loss of property
 3Current subchapters
o 3.1General provisions
o 3.2Pre-trial procedure
o 3.3Punitive articles
 3.3.1General article (Article 134)
 4See also
 5Notes
 6Further reading
 7External links
History[edit]
Further information: Articles of War
Further information: Articles for the Government of the United States Navy
On 30 June 1775, the Second Continental Congress established 69 Articles of War to
govern the conduct of the Continental Army.
Effective upon its ratification in 1788, Article I, Section 8 of the United States
Constitution provided that Congress has the power to regulate the land and naval
forces.[1] On 10 April 1806, the United States Congress enacted 101 Articles of War,
which were not significantly revised until over a century later. Discipline in the sea
services was provided under the Articles for the Government of the United States
Navy (commonly referred to as Rocks and Shoals). While the Articles of War evolved
during the first half of the twentieth century, being amended in 1916, 1920, and
culminating with the substantial reforms in the 1948 version pursuant to the Selective
Service Act of 1948 (a/k/a the Elston Act) (Pub.L. 80-759, 62 Stat. 604), its naval
counterpart remained little changed by comparison. The military justice system
continued to operate under the Articles of War and Articles for the Government of the
Navy until 31 May 1951, when the Uniform Code of Military Justice went into effect.
The UCMJ was passed by Congress on 5 May 1950, and signed into law by
President Harry S. Truman the next day. It took effect on 31 May 1951. The
word uniform in the Code's title refers to its consistent application to all the armed
services in place of the earlier Articles of War, Articles of Government, and Disciplinary
Laws of the individual services.[2]
The UCMJ, the Rules for Courts-Martial (the military analogue to the Federal Rules of
Criminal Procedure), and the Military Rules of Evidence (the analogue to the Federal
Rules of Evidence) have evolved since their implementation, often paralleling the
development of the federal civilian criminal justice system. In some ways, the UCMJ has
been ahead of changes in the civilian criminal justice system. For example, a rights-
warning statement similar to the Miranda warnings (and required in more contexts than
in the civilian world where it is applicable only to custodial interrogation) was required by
Art. 31 (10 U.S.C. § 831) a decade and a half before the U.S. Supreme Court ruled
in Miranda v. Arizona; Article 38(b) (10 U.S.C. § 838(b)) continued the 1948 Articles of
War guarantee that qualified defense counsel be provided to all accused without regard
to indigence (and at earlier stages than required in civilian jurisdictions), whereas the
U.S. Supreme Court only guaranteed the provision of counsel to indigents in Gideon v.
Wainwright. Additionally, the role of what was originally a court-martial's non-voting "law
member" developed into the present office of military judge whose capacity is little
different from that of an Article III judge in a U.S. district court. At the same time, the
"court-martial" itself (the panel of officers hearing the case and weighing the evidence)
has converted from being essentially a board of inquiry/review presiding over the trial,
into a jury of military service-members. The current version of the UCMJ is printed in
latest edition of the Manual for Courts-Martial (2019), incorporating changes made by
the President (executive orders) and National Defense Authorization Acts of 2006 and
2007.
Jurisdiction[edit]
Courts-martial[edit]
Main article: Courts-martial of the United States
Courts-martial are conducted under the UCMJ and the Manual for Courts-
Martial (MCM). If the trial results in a conviction, the case is reviewed by the convening
authority – the commanding officer who referred the case for trial by court-martial. The
convening authority has discretion to mitigate the findings and sentence, set aside
convictions, and/or to remand convictions and/or sentences back to a court-martial for
re-hearing.
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

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From Wikipedia, the free encyclopedia

The Uniform Code of Military Justice (UCMJ, 64 Stat. 109, 10 U.S.C. §§ 801–946) is

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