Thursday, May 21, 2020

Uniform Code Of Military Justice - 1513 Words

Uniform Code of Military Justice The purpose of this paper is to research the Uniform Code of Military Justice (UCMJ) and related policies. This examination seeks to explore the various aspects UCMJ by looking into the elements of the Uniform Code of Military Justice and by addressing the following: 1. Uniform Code of Military Justice 2. Non Judicial Punishment 3. Three types of court martial 4. Different types of discharges Understanding the needs of military families and the need to provide for each and every one of our service members includes researching the lifestyle and realities of the military culture. The Uniform Code of Military Justice is in effect the governing legal system for those serving in the military and understanding†¦show more content†¦The punitive articles of the UCMJ outline specific offenses which, â€Å" if violated, can result in punishment by court-martial and can include offenses such as desertion, conspiracy, aiding the enemy, spies, murder, sexual assault, stalking, larceny, and forgery amongst other crimes†(Powers, 2014, p. 3). There is usually a judge, but at times there is a panel (jury). â€Å"The code provides for the selection of the jury by the convening authority and usually consists of officers: only by written request by an enlisted defendant will enlisted personnel be assigned to served on court-martial, and even then he is only guaranteed that one-third of the court member will be enlisted personnel†(Moran, III, 2002). The jury then has the power to place a sentence within the range of severe to no punishment given, â€Å"except when a mandatory minimum sentence is required by the UCMJ† (Schmid, 2011). There is not a lot of instruction that is given out to those adjudicating the case, however, â€Å"The panel is instructed that the five reasons for sentencing are rehabilitation, punishment, protection of the wrongdoer and those who know of his crimes and his sentence from committing the same or similar offenses†(Schmid, 2011). Court Martial Courts-martial have exclusive jurisdiction over purely military offenses. In the case of an offense that violates the Uniform Code of Military Justice and the criminal law of a State, other Federal law, or all three, it must be determined which

No comments:

Post a Comment

Note: Only a member of this blog may post a comment.