Uniform Code of Military Justice and United States Code free essay sample

Over the importance of following instructions One repurcution to not following orders is a ucmj which according to the U. S. military is any one of these things which is why at all times you want to follow instructions down to the tee. Courts-martial [edit] Courts-martial are conducted under the UCMJ and the Manual for Courts-Martial United States. If the trial results in a conviction, the case is reviewed by the convening authority – the commanding officer who referred the case for trial by court-martial. The convening authority has discretion to mitigate the findings and sentence, set aside convictions, and/or to remand convictions and/or sentences back to a court-martial for re-hearing. If the sentence, as approved by the convening authority, includes death, a bad conduct discharge, a dishonorable discharge, dismissal of an officer, or confinement for one year or more, the case is reviewed by an intermediate court. There are four such courts – the Army Court of Criminal Appeals, the Navy-Marine Corps Court of Criminal Appeals, the Air Force Court of Criminal Appeals, and the Coast Guard Court of Criminal Appeals. After review by any of these intermediate courts, the next level of appeal is the United States Court of Appeals for the Armed Forces (CAAF). The Supreme Court of the United States has discretion under 28 U. S. C. Â § 1259 to review cases under the UCMJ on direct appeal where the CAAF has conducted a mandatory review (death penalty and certified cases), granted discretionary review of a petition, or otherwise granted relief. [1] If the CAAF denies a petition for review or a writ appeal, consideration by the Supreme Court may be obtained only through collateral review (e. . , a writ of habeas corpus). [2] Since 2007, several bills have been introduced into Congress to expand the accessibility of service members to the Supreme Court. See also Equal Justice for United States Military Personnel legislation. The UCMJ allows for personal jurisdiction over all members of the Uniformed services of the United States: the Air Force, Army, Coast Guard, Marine Corps, Navy, National Oceanic and Atmospheric Administration Commissioned Corps, and Public Health Service Commissioned Corps. The Coast Guard is administered under Title 14 of the United States Code when not operating as part of the U. S. Navy. However, commissioned members of the NOAA and PHS are only subject to the UCMJ when attached or detailed to a military unit or are militarized by presidential executive order. Members of the military Reserve Components under Title 10 of the United States Code (Army Reserve, Navy Reserve, Marine Forces Reserve, and Air Force Reserve) or Title 14 of the United States Code, Coast Guard Reserve when not operating as part of the U. S. Navy, are subject to the UCMJ if they are either (a) active duty Full-Time Support personnel such as FTS or Active Guard and Reserve (AGR), or (b) traditional part-time reservists performing either (i) full-time active duty for a specific period (i. e. , Annual Training, Active Duty for Training, Active Duty for Operational Support, Active Duty Special Work, One Year Recall, Three Year Recall, Canvasser Recruiter, Mobilization, etc. ), or (ii) performing Inactive Duty (i. e. Inactive Duty Training, Inactive Duty Travel and Training, Unit Training Assembly, Additional Training Periods, Additional Flying Training Periods, Reserve Management Periods, etc. , all of which are colloquially known as drills). Soldiers and airmen in the National Guard of the United States are subject to the UCMJ only if activated in a Federal capacity under Title 10 by an executive order issued by the President or during their Annual Training periods, which are orders issued under Title 10. Otherwise, members of the National Guard of the United States are exempt from the UCMJ. However, under Title 32 orders, National Guard soldiers are still subject to their respective state codes of Military Justice. Cadets and midshipmen at the United States Military Academy, United States Naval Academy, United States Air Force Academy, and United States Coast Guard Academy are also subject to the UCMJ. On the other hand, Reserve Officers Training Corps (ROTC) cadets and midshipmen are by law exempt from the UCMJ (even while on active duty for training such as CTLT, LTC, LDAC, or while attending various training schools such as Airborne School, Air Assault School, Mountain Warfare School, etc. . Members of military auxiliaries such as the Civil Air Patrol and the Coast Guard Auxiliary are not subject to the UCMJ, even when participating in missions assigned by the military or other branches of government. However, members of the Coast Guard Auxiliary can be called by the Commandant of the Coast Guard into the Temporary Reserve, in which case they become subject to the UC MJ. Retired members of the uniformed services who are entitled to retirement pay are also subject to the UCMJ, as are retired reservists who are receiving hospital care in the VA system. Prisoners of war in the custody of the U. S. armed forces, and detained medical personnel and chaplains in the custody of the U. S. armed forces. Persons in custody of the armed forces serving a sentence imposed by a court-martial. Non-judicial punishment [edit] Main article: Nonjudicial punishment Under Article 15 of the Code (Subchapter III), military commanders have the authority to exercise non-judicial punishment (NJP) over their subordinates for minor breaches of discipline. These punishments are carried out after a hearing before the commander, but without a judge or jury. Punishments are limited to reduction in rank, loss of pay, restrictions of privileges, extra-duty, reprimands, and, aboard ships, confinement. Guidelines for the imposition of NJP are contained in Part V of the Manual for Courts-Martial United States and the various service regulations. Complaints of wrongs and loss of property [edit] Article 138 of the UCMJ provides that any service member may bring a complaint of wrongs against their commanding officer to the officer exercising general court-martial authority over the commander. That officer will investigate the complaint of wrongs and then report the findings of the investigation to the service Secretary (e. g. , Secretary of the Army, Navy, Air Force) concerned. Article 139 (10 U. S. C. Â § 939) provides for the convening of an investigation board of from one to three commissioned officers to investigate and adjudicate claims of willful damage, destruction, or theft of personal property, only if both parties are subject to the Code. Also the failure to follow orders in the field can result in the death of yourself or your team.