Page 69 - NAVAL SCIENCE 3 TEXTBOOK

74 NAVAL KNOWLEDGE

The Uniform Code of Military Justice STUDY GUIDE QUEST IONS
(UCMJ)
I. \Vhy have societies developed codes of Jaws?
The trial and punishment of offenders in the U.S. armed forces
2. How do Jaws come into force?
are covered by a set of laws named the Uniform Code of j\·Iilitary
3. \ Vhat is the basic difference between the European Civil Code
Justice (UCMJ). The word IIl1iform here means that the code is the
and English COlll1110n law?
same for all the services. The l\1t1/lIInl for COllrts-i\r/nrtin/, Ullited
Stntes (MCM) and the MallI/ol of the Jlldge Adl'Omte General sup- 4. What is the basis of all U.S. law?
plement the UCMJ and deal particularly with the administration 5. \Vhat is meant by a trial by a jury of peers?
of the law as decreed in Nrll'Y Regll/ntiolls ilnd the UCM]. 6. \Vhy is there a separate body of military law?
All military leaders, especially officers, are responsible for
7. \Vhat is the relationship between discipline and military law?
ensuring that their knowledge of the code is adequate. They must
know the fundamentals of military law. Officers must know the 8. \Vhat is the basic requirement of both military and civil law
pertaining to individual rights?
basics of court procedures, for they may be called upon at any timc
to participate in the conduct of a military court, or to investigate 9. \·\,h<1t is the purpose of Nm'y Reglllatiolls?
matters that have some bearing in sllch a court. 10. Under Nfl!'y Reglllations, what is the rule concerning the
Since Navy personnel agree to abide by the Na\'y's law and reg- foliowing subjects?
ulations in their oath of enlistment, it stands to reason that each A. Communications with the commanding officer
Navy person ' must learn what these laws are. Congress and the
B. Examinations
Navy have taken steps to ensure that all persons entering the Navy
will know the laws and regulations most likely to affect them at C. Equal opportunity
their ship or station. Article 137 of the UCMJ directs that particu- D. Alcoholic beverages
lar articles of the code be carefully explained to every enlistee at the 11. \Vhich three publications explain ali matters concerning U.S.
time of entry on active duty, after sb:: months of active duty, and at military law?
the time of reenlistment. It also requires that a complete copy of
12. \,\'hy must naval personnel be familiar with the UCM]?
the UCi\'[J be made available 10 every enlisted person.
13. \Vhat kinds of cruel and unusual punishments are prohibited
by Article 55 of the UCMJ'
Overview of UCMJ Articles
The 146 articles making up the UCMj are divided into twelve
CRIT ICAL THINKING
groupings. The first nine deal with general provisions, rules for
apprehension and restraint, and the conduct of nonjudicial pun- 1. Research the fundamental difference between the presumed
ishment (N]P) and courts-martiaL Group la, comprised of ,uti- guilt or innocence of the accused under the English and U.S.
des 77-134 and dealing with specific infractions of military law, system of law as opposed to the french system based on the
is known as the pllllitil'e articles. These articles address acts that Napoleonic code. \Vhich do you think is better? \Vhy?
are in direct violation of acceptable miJitary and, in Illany cases,
civil law, and that would constitute a court-martial ofl-ense. They
VOCABULARY
include offenses slich as murder, assault, and larceny, and infrac-
tions against military behavior such as disobedience of lawful reguhllions nonjudicial punishment
orders, absence without leave, and insubordination. common law larceny
Under Article 55 of the UCMJ, cruel and unusual punish- criminal law court-martial
ments are prohibited. In the days of sail, punishments by flogging, civilla", UCMj articles
branding, or tattooing on the body were not uncommon, Today
they are strictly forbidden. Public punishments that might tend to
ridicule-such as shaving the head, placing offenders in the stocks,
tying them up by the thumbs, and forcing them to carry about
placards or heavy loads-are also prohibited by the UCMj. Placing
a prisoner "in irons," except for handcuffs when traveling in CllS-
tody, is likewise not allowed.
More detailed study of the articles of the UCMj may be done
by referring to the MCM or to the text Noml Loll', published by the
NavClllnstitute Press.