Uniform Code of Military Justice

The Uniform Code of Military Justice (UCMJ, 64 Stat. 109, 10 U.S.C. ch.47) is the foundation of military law in the United States. The United States Statutes at Large, commonly referred to as the Statutes at Large and abbreviated Stat Title 10 of the United States Code outlines the role of armed forces in the United States Code. Military law is a distinct legal system to which members of Armed forces are subject The United States of America —commonly referred to as the The UCMJ applies to all members of the Uniformed Services of the United States; this includes the National Oceanic and Atmospheric Administration Commissioned Corps, and the United States Public Health Service Commissioned Corps. The United States has seven federal uniformed services that commission officers as defined by Title 10, and subsequently structured and organized The National Oceanic and Atmospheric Administration Commissioned Corps ( NOAA Corps) is the uniformed service of the National Oceanic and Atmospheric Administration The United States Public Health Service Commissioned Corps ( PHSCC) is the federal uniformed service of the United States Public Health Service (PHS consisting Members of the NOAA and PHS are only subject to the UCMJ when attached to a military unit. National Guard soldiers are also subjected to the UCMJ, if and only if, activated under Title 10. For the National Guard of a State and other countries' National Guard see National Guard. Otherwise, the National Guard is exempt from the UCMJ. However under Title 32, National Guard soldiers are still subject to their respective state codes of military justice if servicing in active duty. Furthermore, ROTC cadets (unlike Academy cadets) are not subject to the UCMJ. ROTC links here For other uses see ROTC (disambiguation A Reserve Officers' Training Corps ( ROTC) ROTC produces officers in all branches Members of military auxiliaries such as the Civil Air Patrol and United States Coast Guard Auxiliary are civilians and not subject to the UCMJ. The Civil Air Patrol ( CAP) is the civilian auxiliary of the United States Air Force (USAF The United States Coast Guard Auxiliary was established on June 23 1939 by an act of Congress as the United States Coast Guard Reserve and re-designated as the Auxiliary However, Coast Guard Auxiliarists can be called by the Commandant of the Coast Guard into the Temporary Reserve, in which case they become subject to the UCMJ.

1 History
2 Current Subchapters
3 Further Reading
4 See also
5 External links

History

On June 30, 1775, the Second Continental Congress established 69 Articles of War to govern the conduct of the Continental Army. Events 350 - Roman usurper Nepotianus, of the Constantinian dynasty, is defeated and killed by troops of the Usurper Year 1775 ( MDCCLXXV) was a Common year starting on Sunday (link will display the full calendar of the Gregorian calendar (or a The Second Continental Congress was a convention of delegates from the Thirteen Colonies that met beginning in May 10 1775 in Philadelphia, Pennsylvania On April 10, 1806, the United States Congress enacted 101 Articles of War (which applied to both the Army and the Navy), which were not significantly revised until over a century later. Events 879 - Louis III becomes King of the Western Franks. 1407 - the lama Year 1806 ( MDCCCVI) was a Common year starting on Wednesday (link will display the full calendar of the Gregorian calendar (or a Common The military justice system continued to operate under the Articles of War until May 31, 1951, when the Uniform Code of Military Justice went into effect. Events 1279 BC - Rameses II (The Great (19th dynasty becomes pharaoh of Ancient Egypt. Year 1951 ( MCMLI) was a Common year starting on Monday. Events of 1951 January

The UCMJ was passed by Congress on May 5, 1950, signed into law by President Harry S. Truman, and became effective on May 31, 1951. Events 553 - The Second Council of Constantinople begins 1215 - Rebel Barons renounce their allegiance to King John Year 1950 ( MCML) was a Common year starting on Sunday (link will display the full calendar of the Gregorian calendar. Events 1279 BC - Rameses II (The Great (19th dynasty becomes pharaoh of Ancient Egypt. Year 1951 ( MCMLI) was a Common year starting on Monday. Events of 1951 January The word Uniform in the Code's title refers to the congressional intent to make military justice uniform or consistent among the armed services.

The current version is printed in the latest version of the Manual for Courts-Martial (2008), incorporating changes made by the President (Executive Orders (EO)) and National Defense Authorization Acts 2006 and 2007. The Manual for Courts-Martial (MCM is the official guide to the conduct of Courts-Martial in the United States. 2008 ( MMVIII) is the current year in accordance with the Gregorian calendar, a Leap year that started on Tuesday of the Common

Current Subchapters

The UCMJ is found in Title 10, Subtitle A, Part II, Chapter 47 of the United States Code. The United States Code ( USC) is a compilation and Codification of the general and permanent federal Law of the United States.

Subchapter	Title	Section	Article
I	General Provisions	§ 801	1
II	Apprehension and Restraint	§ 807	7
III	Non-Judicial Punishment	§ 815	15
IV	Court-Martial Jurisdiction	§ 816	16
V	Composition of Courts-Martial	§ 822	22
VI	Pre-Trial Procedure	§ 830	30
VII	Trial Procedure	§ 836	36
VIII	Sentences	§ 855	55
IX	Post-Trial Procedure and Review of Courts-Martial	§ 859	59
X	Punitive Articles	§ 877	77
XI	Miscellaneous Provisions	§ 935	135
XII	Court of Appeals for the Armed Forces	§ 941	141

General Provisions

Subchapter I, "General Provisions" has six sections (articles):

Section	Article	Title
§ 801	1	Definitions
§ 802	2	Persons subject to this chapter
§ 803	3	Jurisdiction to try certain personnel
§ 804	4	Dismissed officer's right to trial by court-martial
§ 805	5	Territorial applicability of this chapter
§ 806	6	Judge advocates and legal officers
§ 806a	6a	Investigation and disposition of matters pertaining to the fitness of military judges

Article 1, "Definitions", defines terms used in the rest of the UCMJ: "Judge Advocate General", "the Navy, the Marine Corps and the Coast Guard when it is operating as a service in the Navy, shall be considered as one armed force", "officer in charge", "superior commissioned officer", "cadet", "midshipman", "military", "accuser", "military judge", "law specialist", "legal officer", "judge advocate", "record", "classified information" and "national security". Nonjudicial punishment in the United States military, is a form of Military discipline authorized by Article 15 of the Uniform Code of Military Justice. A court-martial (plural courts-martial) is a Military court. These military courts can determine Punishments for members of the Military subject In Law, jurisdiction (from the Latin ius iuris meaning "law" and dicere meaning "to speak" is the practical Authority Judge Advocate General's Corps, also known as JAG, can refer to the judicial arm of any of the United States Armed Forces including the Air Force An officer is a member of an armed force who holds a position of authority This article refers to the general definition of cadet A Cadet may also be a member of the Cadets, a historical Russian Political party. For the fish called midshipman see Midshipman fish. The rank of midshipman is one of the oldest ranks still in existence The United States Armed Forces are the overall unified military forces of the United States 10 U.S.C. § 801 (Article 1. Definitions)

Pre-Trial Procedure

Section	Article	Title
§ 830.	30	Charges and specifications
§ 831	31	Compulsory self-incrimination prohibited
§ 832	32	Investigation
§ 833	33	Forwarding of charges
§ 834	34	Advice of staff judge advocate and reference for trial
§ 835	35	Service of charges

Under Article 31, coercive self-incrimination is prohibited as a right under the Fifth Amendment. Self-incrimination is the act of accusing oneself of a Crime for which a person can then be Prosecuted. The Fifth Amendment ( Amendment V) of the United States Constitution, which is part of the Bill of Rights, is related to legal procedure Arresting officers utilize the Article 31 warning and waiver as a means to prevent this self-incrimination, much like the Miranda warning. In the United States, the Miranda warning is a Warning given by Police to criminal Suspects in police custody or in a custodial situation before

Punitive Articles

Subchapter X, "Punitive Articles," is the subchapter that details offenses under the uniform code:

Section	Article	Title
§ 877	77	Principals
§ 878	78	Accessory after the fact
§ 879	79	Conviction of lesser included offense. An accessory is a person who assists in the commission of a Crime, but who does not actually participate in the commission of the crime as a joint principal In Law, a conviction is the Verdict that results when a Court of law finds a Defendant guilty of a Crime.
§ 880	80	Attempts
§ 881	81	Conspiracy
§ 882	82	Solicitation
§ 883	83	Fraudulent enlistment, appointment, or separation
§ 884	84	Unlawful enlistment, appointment, or separation
§ 885	85	Desertion
§ 886	86	Absence without leave
§ 887	87	Missing movement
§ 888	88	Contempt toward officials
§ 889	89	Disrespect toward superior commissioned officer
§ 890	90	Assaulting or willfully disobeying superior commissioned officer
§ 891	91	Insubordinate conduct toward warrant officer, noncommissioned officer, or petty officer
§ 892	92	Failure to obey order or regulation
§ 893	93	Cruelty and maltreatment
§ 894	94	Mutiny or sedition
§ 895	95	Resistance, flight, breach of arrest, and escape
§ 896	96	Releasing prisoner without proper authority
§ 897	97	Unlawful detention
§ 898	98	Noncompliance with procedural rules
§ 899	99	Misbehavior before the enemy
§ 900	100	Subordinate compelling surrender
§ 901	101	Improper use of countersign
§ 902	102	Forcing a safeguard
§ 903	103	Captured or abandoned property
§ 904	104	Aiding the enemy
§ 905	105	Misconduct as prisoner
§ 906	106	Spies
§ 906a	106a	Espionage
§ 907	107	False official statements
§ 908	108	Military property of United States—Loss, damage, destruction, or wrongful disposition
§ 909	109	Property other than military property of United States—waste, spoilage, or destruction
§ 910	110	Improper hazarding of vessel
§ 911	111	Drunken or reckless operation of a vehicle, aircraft, or vessel
§ 912	112	Drunk on duty
§ 912a	112a	Wrongful use, possession, etc. Attempt crimes are crimes where the defendant's actions have the form of the actual enaction of the crime itself the actions must go beyond mere preparation In the Criminal law, a conspiracy is an agreement between Natural persons to break the law at some time in the future and in some cases with at least one overt act In the United States, solicitation is a Crime; it is an Inchoate offense that consists of a person offering money or something else of value in order to In the broadest sense a fraud is a Deception made for personal gain or to damage another individual In Military terminology desertion is the Abandonment of a " Duty " or post without permission from one's Government or superior In Military terminology desertion is the Abandonment of a " Duty " or post without permission from one's Government or superior In Military terminology desertion is the Abandonment of a " Duty " or post without permission from one's Government or superior Insubordination is the act of a subordinate deliberately disobeying a lawful order Mutiny is a conspiracy among members of a group of similarly-situated individuals (typically members of the Military; or the Crew of any ship even This is about the law term For other uses see Sedition (disambiguation Sedition is a term of Law which refers to covert conduct False imprisonment is a Tort, and possibly a Crime, wherein a person is intentionally confined without legal authority Coward redirects here For other meanings including as a surname see Coward (disambiguation. Property is any physical or virtual entity that is owned by an individual Driving under the influence of alcohol ( driving while intoxicated, drunk driving, drinking and driving, drink-driving) or other drugs Reckless driving, in the United States, is a serious moving traffic violation. , of controlled substances
§ 913	113	Misbehavior of sentinel
§ 914	114	Dueling
§ 915	115	Malingering
§ 916	116	Riot or breach of peace
§ 917	117	Provoking speeches or gestures
§ 918	118	Murder
§ 919	119	Manslaughter
§ 919	119a	Death or injury of an unborn child
§ 920	120	Rape and carnal knowledge
§ 920a	120a	Stalking
§ 921	121	Larceny and wrongful appropriation
§ 922	122	Robbery
§ 923	123	Forgery
§ 923a	123a	Making, drawing, or uttering check, draft, or order without sufficient funds
§ 924	124	Maiming
§ 925	125	Sodomy
§ 926	126	Arson
§ 927	127	Extortion
§ 928	128	Assault
§ 929	129	Burglary
§ 930	130	Housebreaking
§ 931	131	Perjury
§ 932	132	Frauds against the United States
§ 933	133	Conduct unbecoming an officer and a gentleman
§ 934	134	General article

Article 134 encompasses offenses that are not specifically listed in the Manual for Courts-Martial, That is to say, "all disorders and neglects to the prejudice of good order and discipline in the armed forces, all conduct of a nature to bring discredit upon the armed forces, and crimes and offenses not capital, of which persons subject to this chapter may be guilty,". As practiced from the 11th to 20th centuries in Western societies a duel is an engagement in combat between two individuals with matched weapons in accordance with their combat Malingering is a medical and psychological term that refers to an individual fabricating or exaggerating the symptoms of mental or physical disorders Riots are a form of Civil disorders characterized by disorganized groups lashing out in a sudden and intense rash of Violence, Vandalism or other Breach of the peace is a legal term used in Constitutional law in English-speaking countries and in a wider public order sense in Britain Murder is the unlawful killing of another human person with Malice aforethought, as defined in Common Law countries Manslaughter is a legal term for the killing of a human being in a manner considered by law as less culpable than Murder. Rape, also referred to as Sexual assault, is an Assault by a person involving Sexual intercourse with or Sexual penetration of another person Carnal Knowledge is a 1971 American Drama film. The film was directed by Mike Nichols and written by Jules Feiffer ---- Stalking is the obsessive following observing or contacting of another person or the obsessive attempt to engage in any of these activities In the United States, larceny is a Common law Crime involving Theft. Robbery is the Crime of seizing Property through Violence or Intimidation. Forgery is the process of making adapting or imitating objects statistics or documents (see False document) with the intent to deceive. A cheque (spelled check in American English) is a Negotiable instrument instructing a Financial institution to pay a specific amount of "Non-sufficient funds" (NSF is a term used in the Banking industry to indicate that a demand for payment (a check) cannot be honored because insufficient Sodomy (ˈsɒdəmi is a term used today predominantly in Law (derived from traditional Christian usage to describe the act of Anal intercourse, Oral intercourse Extortion, outwresting, or exaction is a criminal offense, which occurs when a person Unlawfully obtains either money property or services Assault is a Crime of Violence against another person. In some Jurisdictions including Australia and New Zealand, Perjury, also known as forswearing, is the act of lying or making verifiably false statements on a material matter under Oath or Affirmation in a Conduct unbecoming an officer and a Gentleman (or conduct unbecoming for short is an offense subject to Court martial defined in the punitive Article 134 is often considered to be a "catch-all" for various offenses that aren't necessarily covered by the other articles in the UCMJ. Article 134 offenses include disloyal statements, abusing public animal, adultery, bigamy, bribery and graft, drinking liquor with prisoner, fleeing scene of accident, fraternization, gambling with subordinate, et al. Punitive Articles of the UCMJ ( Uniform Code of Military Justice) Article 134 also known as the Disloyal statements provision of the UCMJ is an article of Military Adultery is the voluntary Sexual intercourse between a married person and another person who is not his or her Spouse, though in many places it is The term polygamy (a Greek word meaning "the practice of multiple marriage" is used in related ways in Social anthropology, Sociobiology, and It’s colloquially referred to as the “Write your own law” or “Don’t be stupid” article, and reflect acts that are not specifically listed, but nevertheless committed, by military personnel that negatively impact the service, unit, etc.

External links

Uniform Code of Military Justice
Manual for Courts-Martial United States (2008 Edition) Caution: 5. Judge Advocate General's Corps, also known as JAG, can refer to the judicial arm of any of the United States Armed Forces including the Air Force Military law is a distinct legal system to which members of Armed forces are subject The United States Armed Forces are the overall unified military forces of the United States The United States has seven federal uniformed services that commission officers as defined by Title 10, and subsequently structured and organized 54 MB PDF document.
The original version of the MCM from the Library of Congress Caution: 5. 53 MB PDF document.

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