Uniform Code of Military Justice (UCMJ) (1950)
foundation of military law (USA)
1775 - 69 Articles of War
to govern conduct of Continental Army
established by Second Continental Congress
1788 - Article I, Section 8
granted US Congress power to
regulate land & naval forces
1806 - 101 Articles of War
*no significant revision for over century
Articles for Government of the Navy
(aka 'Rocks and Shoals')
Articles of War
evolved first half 1900s
1916 - amendment Articles of War
1920 - amendment Articles of War
1948 - substantial amendment Articles of War ##
Uniform Code of Military Justice (UCMJ)
signed into law by
President Harry S Truman 1950
effective 1951
consistent application to all armed services
in place of earlier:
Articles of War
Articles of Government
Disciplinary Laws (of individual services)
Following relevant laws
evolved in step with
federal civilian criminal justice system:
1. Rules of Court Martial
(military equivalent of 'Federal Rules of Criminal Procedure)
2. Military Rules of Evidence
(military equivalent of 'Federal Rules of Evidence')
UCMJ ahead of changes in civilian criminal justice system, in some ways:
eg. rights-warning (Miranda warnings equivalent)
-- required in more contexts than civilian sector
-- applicable only to custodial interrogation
-- introduced 15 years before Supreme Court ruling re Miranda (1966)
eg. provision of all accused with defence counsel at earlier stages than civilian:
1948 Articles of War guarantee:
qualified defence counsel to be provided to all accused irrespective of financial need-based factors
US Navy 1948-1951
- military justice continued to operate under Articles of War for Government of Navy
- 1951 - Uniform Code of Military Justice (UCMJ) effective
Court Martial
officer panel hearing
coveted from: board of inquiry/review presiding over trial
converted to: jury of military service members
conducted under: UCMJ
review by: convening authority (discretionary powers wide)
Appeals
intermediate court review applicable if:
death penalty
- bad conduct discharge
- dishonourable discharge
- dismissal of officer
- confinement 1-year-plus
Appeal courts - x4:
- Army Court of Criminal Appeals
- Navy-Marine Corps Court of Criminal Appeals
- Air Force Court of Criminal Appeals
- Coast Guard Court of Criminal Appeals
Further Appeals:
Supreme Court of USA
*since 2007 - legislation expanding accessibility to Supreme Court
Parties Jurisdiction
- court's jurisdiction over PARTIES to lawsuit
- versus SUBJECT-MATTER jurisdiction (ie over law & facts)
- rulings & decrees cannot be enforced without personal jurisdiction
(save for 'comity' / legal reciprocity - mutual legal recognition)
(eg. US Constitutional Law entitlements & immunities re citizens of several states)
UCMJ allows personal jurisdiction over all members
uniformed services of US:
- Air Force
- Army
- Coast Guard
- Marine Corps
- Navy
- NOAA Commissioned Officer Corps (scientific agency, earth measurement, satellite, navigation etc)
- Public Health Service Commissioned Corps
Selective Service Act of 1948
(Elston Act) - military draft reg'n
ie. Military Selective Service Act (1948)
aka 'Elston Act'
- major revision of Articles of War (US)
- established implementation of 'Selective Service System' (SSS)
Selective Service System
'independent' agency of US government
registers/monitors all US citizens & immigrant non-citizen males - between 18 & 25 years
for military draft purposes
2010 - GAO report:
- 92% registration - names & addresses
- over 16.2 million men on file
Forced Draft Registration
US federal programs, benefits & student loans, jobs training, federal employment & naturalisation requires registration for US military draft
source Wikipedia (various pages), mostly:
https://en.wikipedia.org/wiki/Uniform_Code_of_Military_Justice
Legislation
http://www.au.af.mil/au/awc/awcgate/ucmj.htm
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