Tonight, I am starting what I hope will become an open discussion of the Uniform Code of Military Justice (UCMJ).

Weekly I will cover a new section of the UCMJ. If there is a great amount of interest I will post more often.

Any questions you may have please ask them. If I don't know the answer I will find it for you.

Any other comments or thoughts that you may have feel free to join in.

Patti

I covered generally what the UCMJ is and who it covers in the introduction to this forum. Tonight I would like to expand on who the UCMJ covers.

At this point I will quote from 802.Art.2. of the UCMJ

Art. 2. Persons Subject to this Chapter.

"(a) The following persons are subject to this chapter.

(1) Members of a regular component of the armed forces, including those awaiting discharge after expiration of ther terms of enlistment; volunteers from the time of their muster or acceptance into the armed forces; inductees from the time of their actual induction into the armed forces; and other persons lawfully called or ordered into, or to duty in or for trainin in the armed forces, from the dates when they are required by the terms of the call or order to obey it.

2) Cadets, Aviation cadets, and midshipman.

3) Members of a reserve component while on inactive-duty training, but in the case of members of the Army National Guard of the United States or the Air National Guard of the United States only when in Federal Service.

4) Retired members of a regular component of the armed forces who are entitled to pay.

5) Retired members of a reserve component who are receiving hospitalization from an armed force.

6) Members of the Fleet Reserve and Fleet Marine Corps Reserve.

7) Persons in custody of the armed forces serving a sentence imposed by a court-martial.

8. Members of the National Oceanic and Atmospheric Administration, Public Health Service, and other organizations, when assigned to and serving with the armed forces.

9) Prisoners of war in custody of the armed forces

10) In time of war, persons serving with or accompanying an armed force in the field."

There are several other catagories, but they are much too long to put in this thread.

I wanted to give you some idea of how inclusive the UCMJ is.

Also, keep in mind, that a member of the armed forces and the others covered by the UCMJ are also subject to all Federal, State, and local laws.

I think I will end this here tonight, any questions please post away.

Patti

Patti,

Also, keep in mind, that a member of the armed forces and the others covered by the UCMJ are also subject to all Federal, State, and local laws.

Does one set of law take precedence over the other?

Do they work hand in hand?

If you are charged with an offence under one are you also responsible under the 'other' law?

Are military personnel imprisoned in the same prisons with State and Fed Prisoners or are they always in separate facilities?

Sorry - newbie here - but interested in how this system works!

Teb,

If a crime is commited on a military base - then under the UCMJ the defendant falls under the jurisdiction of either a Captain's Mast (Non-Judicial Punishment) or a Courts-Martial. I will explain NJP and the various levels of Courts-Martial later this week.

However, if a crime is commited off the military base under civilian location - one of several things could happen:

1) the military member would be tried in a civilian court, if convicted he/she would then be discharged from the service under less than honorable conditions. In answer to your question though the order of precedence would under most circumstances be 1) Federal (civilian/military), 2. State, then local.

2) if at the time of the crime, both civilian and military charges were filed. That can happen because the military considers it's service members as "Government Property" and no it is not Double Jeopardy - being tried for the same crime twice. The military always maintains jurisdiction over a servicemember - no matter where the crime was committed.

In most cases, that I saw in my limited experience, if the civilian court got a conviction then the military would - in most cases do nothing. However, I did see one where the member was convicted in civilian court - did time - then was tried for Absence without Leave (AWOL) after he was returned to military custody.

As for where a military member is held - there are military prisons, the Navy and the Coast Guard refer to them as Brigs. The Coast Guard uses Navy Brigs if long term confinement is ordered as part of the sentence of Courts-Martial. Of course, there is the disciplinary barracks at Leavenworth. I believe there is still one Coastie there, but I am not positive.

Patti

PS: I am glad you asked, please ask anything you like.

I am on active duty for the moment going back into civilian life very soon (and will be going to see my Angel soon!!!!), I have had extensive dealings with NJP (Nonjudicial Punishment) and have had friends that have dealt with UCMJ under less fortunate terms. If any one needs help researching the "Manual of Courts Martial", give me a shout!

Just my .02....but the UCMJ is long overdue for an overhaul!!
I have lived under it for 10 yrs and its no joke.

For the record, UCMJ supercedes all federal, state, local and international laws for those under its juristiction.
Servicmembers are still subject to those as well, and double jeopardy DOES NOT apply.

Only in the military can you get jail time for telling someone (of higher rank or position )to "F§§§ Off", and only in the service can you be punished for certain types of relationships (adultry, homosexual, senior-subordinate...etc.)

Able
(and you hear a rebel cry: FRRRRRREEEEEEEEEEEEEEEEEEEEDDDDDDDDOOOOOOOOOOOOOOO OOMMMMMMMM!!!!!!!!!!!!!!!!!!!!!!)

Abledog, Thank you, I think you explained the jurisdiction and double jeopardy, better than I did. :) I agree with you about the UCMJ needing an overhaul, long over due.

Patti

Another interesting twist to jurisdiction under UCMJ are Status of Forces Agreements. These Agreements are between the US and foreign nations where US servicemembers are stationed. Depending on the Agreement, a crime committed by a servicemember may be tried by the host nation or by the military. Generally, it is up to the host nation to decide whether or not to "take" jurisdiction or relinquish it to the US service branch. Even if the crime is committed by a servicemember against another servicemember, the host nation may take jurisdiction. Interesting, huh? Each Agreement is different though and much depends on the facts of the case and even sentencing available under the UCMJ. Some nations are anti-death penalty and will not relinquish jurisdiction if it appears the military will seek the death penalty. The UCMJ and its applications are really quite interesting subjects of study and sometimes it even surprises me when it seems the procedures actually grant more due process than civilian statutes. One thing to remember about UCMJ is the overarching basis that is used: contrary to morale and good order. This is not a basis for fact-finding in the civilian system, naturally, and has been the lynchpin in many prosecutions, both non-judicial and in courts martials. One area I have not yet explored in depth (other than the regs) is parole and clemency. We are at the clemency stage right now but "my other life" has kept me from doing a lot of indepth research on the issues. It's a moot point anyway, I think. I doubt we will get any type of clemency, but parole is our goal! Keep the faith!

-- Lisa

Hi, Lisa,

Finally, got back in town from vacation for good, and am able to set down and look at this for a few minutes.

Another factor of jurisdiction and where it applies is desertion. There is basically, no statute of limitations on when a deserter can be apprehended/tried for the crime of desertion from the military.

The interesting thing on the Death penalty is that in time of war both being AWOL or having missed movement from your unit is punishable by death and there is no statute of limitatons.

As for arrest of a enlisted military member, that can be ordered by any comissioned officer. Or a Commanding Officer can authorize Warrant Officers, Petty Officers or NCOs to order such an arrest. These actions can only be taken with probable cause for the alleged crime.

If you like I will see what I can find for you on post trial relief.


Patti