Summary:
The U.S. military has established a justice system apart from the civilian court system to give military commanders the tools they need to enforce good order and discipline. Facts about the military justice system and how it is applied are explored.
When one joins the United States military, one becomes subject to a completely new justice system. While the primary purpose of the United States justice system is to dispense "justice," that is not the primary reason for the creation of a separation justice system for America's Armed Forces. The primary purpose of the military's system is to provide the military commander with necessary tools to enforce good order and discipline. That's why, for example, it's not considered a "crime" to be late for work at your civilian job, but it is a "crime" to be late for work in the Military. The purpose then is to keep soldiers acting as soldiers so the correctional philosophy in the military has evolved in such a way to do just that. In discussing the UCMJ and corrections, the following topics are significant.
Introduction and History of the UCMJ
Counseling and Corrective Training
Non-Judicial punishment in the UCMJ
Courts Martial in the UCMJ
Introduction and History of the UCMJ
The Uniform Code of Military Justice is a federal system of laws created by congress in 1950. The UCMJ replaces the Articles of War that had been the justice system since 1789. The UCMJ is the foundation for justice in the United States Military. The UCMJ has had several major revisions to keep with the times; two such revisions came in 1968, and 1983. The UCMJ may also be referred to as United States Code, Title 10, Subtitle A, Part II, Chapter 47. The Uniform Code of Military Justice otherwise known as the UCMJ exists to keep disciplne and order in the military. (Powers, Military Justice 101)
The UCMJ resembles civilian laws in many ways. It has laws that address stealing, burglary, alcohol, and many others a kin to civilian laws. The differences are specific to military, such as disobeying a superior officer's orders, disrespect, going AWOL, and misconduct as a Prisoner of War. The purpose then is to keep soldiers acting as soldiers so the correctional philosophy in the military has evolved in such a way to do just that. In discussing the UCMJ and corrections, the following topics are significant.
The military justice system derives its authority from three sources, The Uniform Code of Military Justice, The Manual for Courts Martial, and Army Regulation 27-10. The UCMJ is federal law and forms the base of the military justice system. The UCMJ determines what is to be considered criminal conduct and establishes the various types of courts, and establishes the procedures to be followed in the carrying out of military justice. (FM 27-1, 1992, pg. 1-1)
Counseling and Corrective Training
Counseling and corrective training comprise the base for the UCMJ. With counseling and corrective training first line supervisors are able to deal with infractions of the UCMJ at their level. This allows them to mentor and mold soldiers as well as deal with that soldier's violation of the UCMJ. Counseling is documenting what article was violated, what actions can be taken against the soldiers and any thought the soldiers leader might have on the issue. Corrective training is the punishment enacted by the leader upon the soldier. According to army regulation the punishment must fit the crime. (AR 27-10, 2002, pg 4)
If the soldier is late for a formation he is in violation of Article 86 of the UCMJ, Failure to Report to Appointed Place of Duty. The supervisor must then counsel his soldier and attempt to correct this behavior. The supervisor has a lot of latitude to decide how to punish this soldier. He can make the soldier report 30 minutes prior to the first formation for the day for five consecutive days. This would typically have him reporting at 0600 hours rather than 0630 hours. He could have him report to the Staff Duty NCO every 4 hours through the night for a specified number of days. This would take away the soldier's time creating an undesirable situation for the soldier.
This form of correction provides both specific and general deterrence. It specifically deters because that soldier will not want to go through whatever punishment was dealt out to him. He would also be aware that the penalties get stiffer the next violation of the same instance. It generally deters because all other soldiers in that platoon or company see what happened to that soldier and do not want that same thing to happen to them.
Nonjudicial Punishment and the UCMJ
Most infractions of the UCMJ can be dealt with by nonjudicial punishment. Nonjudicial punishment is Article 15 of the UCMJ. The authority of commanders to give an Article 15 is found in Article 15 of the Uniform Code of Military Justice. An Article 15 is considered non-judicial punishment, because it is not a judicial proceeding. Non-judicial punishment is a military justice option available to commanders. It permits commanders to resolve allegations of minor misconduct against a soldier without resorting to higher forms of discipline, such as a court-martial. The commander has complete discretion about whether to impose an Article 15. A soldier may, however, refuse to accept the Article 15 and instead demand trial by court-martial. (Powers, Nonjudicial Punishment)
There are three types of Article 15's. Summarized any company grade commander may administer this type of Article 15. Soldiers who are read a summarized Article 15 are not entitled to consult with a defense attorney. They may, however, turn down the Article 15 and demand trial by court-martial. The maximum punishment authorized at a summarized Article 15 is any combination of: extra duty for 14 days, restriction for 14 days, oral reprimand or admonition. Company grade, any company grade commander may administer this type of Article 15. The maximum punishment authorized at a company grade Article 15 is any combination of, extra duty for 14 days, restriction for 14 days, oral reprimand or admonition, forfeiture of 7 days base pay, reduction in rank of one grade (E-4 & below only). A Field Grade commander in the rank of Major or above may administer this type of Article 15. The maximum punishment authorized at a field grade Article 15 is, extra duty for 45 days, restriction for 60 days (maximum of 45 days if combined with extra duty), oral reprimand or admonition, forfeiture of half of their base pay per month for two months, reduction in rank to E-1(E-4 & below) or reduction in rank of one grade (E-5 & E-6 only). (AR 27-10, 2002, p. 10-12)
Nonjudicial punishment serves as an excellent means to deter violations of the law in the military. Nonjudicial punishment is swift, there is less paperwork, and retribution is achieved.
Courts Martial in the UCMJ
In the Manual for Courts Martial under Article 16, the UCMJ provides for three different types of court-martials. They are summary, special, and general. These types of courts-martial are different in their administration, and the level of punishment each court can impose.
Summary court-martial consists of one commissioned officer, and may try only enlisted soldiers for minor offences. The punishment that can be imposed is only slightly higher than a field grade article 15. A court-martial conviction however is a federal conviction, while a Field Grade Article 15 is not. For soldiers in the pay grade of E-4 and above, a summary court martial may sentence a soldier to 60 days restriction, forfeiture of two-thirds one month's base pay and demotion of one rank. For soldiers in the pay grade of E-3 and below, a summary court-martial may sentence a soldier to 60 days restriction or one month confinement, demotion to lowest rank, and forfeiture of two thirds pay for one month. (Manual for Courts Martial, 2002, pg A2-6)
A special court-martial is often classified as a misdemeanor court, all persons subject to the UCMJ, including officers and warrant officers can be tried by a special court martial. A special court-martial may impose extra duty, admonition, restriction, reprimand, and confinement for not more than six months, and forfeiture of two-thirds of a month's base pay for six months. Enlisted soldiers can be demoted to the lowest pay grade, and receive a bad-conduct discharge. (Manual for Courts Martial, 2002, pg A2-6)
A general court-martial consists of no less than five members and a military judge, or the soldier can be tried by military judge alone upon the request of the solder being tried. A general court-martial is often classified as a felony court. The general court-martial can try all persons subject to the UCMJ including officers. A general court-martial may consider any sentence allowed by the UCMJ. This could include lengthy incarceration, hard labor, life in prison and the death penalty. (Manual for Courts Martial, 2002, pg A2-6)
Although there are differences in the administration, and underlying philosophy, the ultimate goal is the same. Corrections, whether it is in the Army or in the civilian world is there to deter crime. The UCMJ does just that from the least of crimes, showing up late to work, or to capital crimes. The UCMJ serves as a deterrent to deviant behavior in the military.
References
Department of the Army. (2002) AR 21-10 Military Justice. Washington D.C.: United States Army Publishing Authority.
Department of the Army. (1992) FM 21-1 Legal Guide For Commanders. Washington D.C.: United States Army Publishing Authority.
Department of the Army. (2002) Manual for Courts-Martial. Washington D.C.: United States Army Publishing Authority.
