CHAPTER 1 INTRODUCTION TO MILITARY LAW CHAPTER 1 INTRODUCTION TO MILITARY LAW.

CHAPTER 1INTRODUCTION TO MILITARY LAW

CHAPTER 1INTRODUCTION TO MILITARY LAW

The force of government behind customsand codes of law transforms them intopractical laws regulating the daily livesof people.

The force of government behind customsand codes of law transforms them intopractical laws regulating the daily livesof people.

King Hammurabicompiled the firstknown code of law.

King Hammurabicompiled the firstknown code of law.

Emperor Justinian drew up the RomanLaw that served as the basis of Europeancivil law.

Emperor Justinian drew up the RomanLaw that served as the basis of Europeancivil law.

Napoleon’s CivilCode served asthe model for civilcodes of manynations.

Napoleon’s CivilCode served asthe model for civilcodes of manynations.

Accused personshad to provethemselvesinnocent of anycharges filedagainst them bythe state.

Accused personshad to provethemselvesinnocent of anycharges filedagainst them bythe state.

English commonlaw developedfrom decisions inthe king’s court.

English commonlaw developedfrom decisions inthe king’s court.

The unwritten law, especially ofEngland, based on custom orcourt decision, as distinct fromstatute law

The unwritten law, especially ofEngland, based on custom orcourt decision, as distinct fromstatute law

Common LawCommon Law

ADAD

(Civil or Equity Law)(Civil or Equity Law)

COURT OF CHANCERYCOURT OF CHANCERY

(Criminal Law)(Criminal Law)

KING’S COURT KING’S COURTKING’S COURT KING’S COURT

1200 1400 1600 1800 19001200 1400 1600 1800 1900

NAPOLEONNAPOLEON1215 MAGNA CARTA1215 MAGNA CARTA

Court of Chancery

• Restored rights• Compensated for damages• Corrected injuries in civil cases

Court of Chancery

• Restored rights• Compensated for damages• Corrected injuries in civil cases

Criminal law retained by the King’s Court punished or deterred wrongdoers by bringing them to court for justice.

Criminal law retained by the King’s Court punished or deterred wrongdoers by bringing them to court for justice.

The laws of a state or countrydealing with criminal offensesand their punishments

The laws of a state or countrydealing with criminal offensesand their punishments

Criminal LawCriminal Law

Trial by a jury of peers—citizens ofequal status under the law—is a specificright under English common law, and isguaranteed to each American citizen bythe Sixth Amendment to the U.S.Constitution.

Trial by a jury of peers—citizens ofequal status under the law—is a specificright under English common law, and isguaranteed to each American citizen bythe Sixth Amendment to the U.S.Constitution.

Constitutional lawrecognizes theequality of allcitizens.

Constitutional lawrecognizes theequality of allcitizens.

It gives the Congress the power to provideand maintain a Navy and to establish rulesand regulations for its operation, whichcollectedly are referred to as military law.

It gives the Congress the power to provideand maintain a Navy and to establish rulesand regulations for its operation, whichcollectedly are referred to as military law.

U.S.Constitution

U.S.Constitution

Acts considered rights in civilian societiesmay be offenses in a military society.

Acts considered rights in civilian societiesmay be offenses in a military society.

Disrespect towardsuperior

Desertion

Mutiny

Disrespect towardsuperior

Desertion

Mutiny

Telling off the boss

Quit your job

Go on strike

Telling off the boss

Quit your job

Go on strike

CIVILIANRIGHTSCIVILIANRIGHTS

MILITARYOFFENSEMILITARYOFFENSE

In the defense ofthe nation, citizenscannot “do theirown thing” whenor if it pleases them.

In the defense ofthe nation, citizenscannot “do theirown thing” whenor if it pleases them.

Military LawMilitary Law

Law regulating the military establishment,including the military justice systemLaw regulating the military establishment,including the military justice system

Military law is designed to preserve goodorder and discipline within the militaryservice, like state and federal laws preservegood order in the civilian community.

Military law is designed to preserve goodorder and discipline within the militaryservice, like state and federal laws preservegood order in the civilian community.

In 1775, John Adamsdrafted the “Rulesfor the Regulationof the Navy of theUnited Colonies.”

In 1775, John Adamsdrafted the “Rulesfor the Regulationof the Navy of theUnited Colonies.”

U.S. Navy RegulationsU.S. Navy Regulations

• Provides broad guidelines for organization and administration of the Navy

• Specifies particular actions that can and cannot be done

• Specifies how the chain of command should handle these actions

• Provides broad guidelines for organization and administration of the Navy

• Specifies particular actions that can and cannot be done

• Specifies how the chain of command should handle these actions

A law, rule, or other order prescribedby authority, especially to regulateconduct

A law, rule, or other order prescribedby authority, especially to regulateconduct

RegulationsRegulations

DEPARTMENT OF THE NAVY

NAVY REGULATIONS

Navy Regulationsare posted onbulletin boards orincluded in theShip’s Organizationand RegulationsManual.

Navy Regulationsare posted onbulletin boards orincluded in theShip’s Organizationand RegulationsManual.

An instruction that provides specificprocedures that are designed to carryout the goals and objectives of theunit in the most effective and efficientway possible

An instruction that provides specificprocedures that are designed to carryout the goals and objectives of theunit in the most effective and efficientway possible

Ship’s Organization andRegulations Manual

Ship’s Organization andRegulations Manual

The plan of the day contains both official and unofficialinformation. All personnel are charged with the knowledgeof its contents.

Selected articles are quoted in the Plan of the Day.Selected articles are quoted in the Plan of the Day.

A chronology of planned events andimportant notes published daily andposted throughout the command

A chronology of planned events andimportant notes published daily andposted throughout the command

Plan of the DayPlan of the Day

Article 1110Article 1110

Standards of ConductStandards of Conduct

Article 1110Standards of Conduct

Article 1110Standards of Conduct

All Departments of the Navy personnelare expected to conduct themselves inaccordance with the highest standardsof personal and professional integrityand ethics.

All Departments of the Navy personnelare expected to conduct themselves inaccordance with the highest standardsof personal and professional integrityand ethics.


Service ExaminationsService Examinations

Article 1145Service Examinations

Article 1145Service Examinations

Persons in the Department of the Navy,without proper authority, shall not havein their possession, obtain, sell, publish,give, purchase, receive or reproduce anyexamination paper, or any copy thereof,or answer sheet thereto, for anyexamination whatsoever which has been,is, or is to be administered within theDepartment of the Navy.

Persons in the Department of the Navy,without proper authority, shall not havein their possession, obtain, sell, publish,give, purchase, receive or reproduce anyexamination paper, or any copy thereof,or answer sheet thereto, for anyexamination whatsoever which has been,is, or is to be administered within theDepartment of the Navy.


Direct Communicationswith the Commanding Officer

Direct Communicationswith the Commanding Officer

The right of any person in the navalservice to communicate with thecommanding officer in a proper manner,and at a proper time and place, shall notbe denied or restricted.

The right of any person in the navalservice to communicate with thecommanding officer in a proper manner,and at a proper time and place, shall notbe denied or restricted.

Article 1151Direct Communications with

the Commanding Officer

Article 1151Direct Communications with

the Commanding Officer


AlcoholicBeveragesAlcoholicBeverages

Article 1162Alcoholic Beverages

Article 1162Alcoholic Beverages

Except as may be authorized by theSecretary of the Navy, the introduction,possession or use of alcoholic beverageson board any ship, craft, aircraft, or inany vehicle of the Department of theNavy is prohibited.

Except as may be authorized by theSecretary of the Navy, the introduction,possession or use of alcoholic beverageson board any ship, craft, aircraft, or inany vehicle of the Department of theNavy is prohibited.

Article 1164

EqualOpportunity and

Treatment

Article 1164

EqualOpportunity and

Treatment

Article 1164Equal Opportunity and Treatment

Article 1164Equal Opportunity and Treatment

Equal opportunity shall be affordedto all on the basis of individual effort,performance, conduct, diligence,potential, capabilities, and talentswithout discrimination as to race,color, religion, creed, sex, or nationalorigin.

Equal opportunity shall be affordedto all on the basis of individual effort,performance, conduct, diligence,potential, capabilities, and talentswithout discrimination as to race,color, religion, creed, sex, or nationalorigin.

Article 1165

FraternizationProhibited

Article 1165

FraternizationProhibited

Article 1165Fraternization Prohibited

Article 1165Fraternization Prohibited

Personal relationships between officersand enlisted members that are undulyfamiliar and that do not respectdifferences in grade or rank areprohibited.

Personal relationships between officersand enlisted members that are undulyfamiliar and that do not respectdifferences in grade or rank areprohibited.

Article 1167

SupremacistActivities

Article 1167

SupremacistActivities

Article 1167Supremacist Activities

Article 1167Supremacist Activities

No person in the naval service shallparticipate in any organization thatespouses supremacist cause; attempts tocreate illegal discrimination based on racecreed, color, sex, religion, or nationalorigin; advocates the use of force orviolence against the government of theUnited States or the government of anystate, territory, district, or possessionthereof…or otherwise engages in effortsto deprive individuals of their civil rights.

No person in the naval service shallparticipate in any organization thatespouses supremacist cause; attempts tocreate illegal discrimination based on racecreed, color, sex, religion, or nationalorigin; advocates the use of force orviolence against the government of theUnited States or the government of anystate, territory, district, or possessionthereof…or otherwise engages in effortsto deprive individuals of their civil rights.

Uniform Code ofMilitary Justice(UCMJ)

Uniform Code ofMilitary Justice(UCMJ)

A Congressional Code of MilitaryCriminal Law applicable to all militarymembers worldwide

A Congressional Code of MilitaryCriminal Law applicable to all militarymembers worldwide

UCMJ ArticlesUCMJ Articles

The Uniform Codeof Military Justice(UCMJ) covers thetrial and punishmentof offenders in theU.S. Armed Forces.

The Uniform Codeof Military Justice(UCMJ) covers thetrial and punishmentof offenders in theU.S. Armed Forces.

The word “uniform” means the Codeis the same for all the armed services.The word “uniform” means the Codeis the same for all the armed services.

Uniform Code of Military JusticeUniform Code of Military Justice

• Supplement the UCMJ

• Deal with administration of the law

• Supplement the UCMJ

• Deal with administration of the law

• Must know the Code

• Must be familiar with procedures of naval courts

• Must know the Code

• Must be familiar with procedures of naval courts

Navy personnelagree to abide bythe Navy’s lawsand regulations.

Navy personnelagree to abide bythe Navy’s lawsand regulations.

Article 137 of the UCMJ directs thatarticles of the Code be carefullyexplained to every enlistee:

• At the time of entry on active duty

• After 6 months of active service

• At the time of reenlistment

Article 137 of the UCMJ directs thatarticles of the Code be carefullyexplained to every enlistee:

• At the time of entry on active duty

• After 6 months of active service

• At the time of reenlistment

UCMJ NAVYREGULATIONS

ART 137

Navy Regulations direct that the textof the UCMJ be posted for all personsto see.

Navy Regulations direct that the textof the UCMJ be posted for all personsto see.

The 146 articlesmaking up theUniform Code aredivided into 12groupings.

The 146 articlesmaking up theUniform Code aredivided into 12groupings.

The first nine articlesdeal with:

• General provisions

• Rules for apprehension and restraint

• Conduct of nonjudicial punishment and court-martials

The first nine articlesdeal with:

• General provisions

• Rules for apprehension and restraint

• Conduct of nonjudicial punishment and court-martials

Group 10, known as the punitive articles,comprise articles 77-134 dealing withspecific infractions of military law.

Group 10, known as the punitive articles,comprise articles 77-134 dealing withspecific infractions of military law.

These articles address acts that are indirect violation of acceptable militaryand, in many cases, civil law, and thatwould constitute a court-martial offense.They include offenses such as murder,assault, and larceny, and infractionsagainst military behavior such asdisobedience of lawful orders, absencewithout leave, and insubordination.

These articles address acts that are indirect violation of acceptable militaryand, in many cases, civil law, and thatwould constitute a court-martial offense.They include offenses such as murder,assault, and larceny, and infractionsagainst military behavior such asdisobedience of lawful orders, absencewithout leave, and insubordination.

The Punitive ArticlesThe Punitive Articles

Refers to certain limited punishmentswhich can be awarded for minordisciplinary offenses by commandingofficers or officers in charge ofmembers of their command

Refers to certain limited punishmentswhich can be awarded for minordisciplinary offenses by commandingofficers or officers in charge ofmembers of their command

Nonjudicial Punishment (NJP)Nonjudicial Punishment (NJP)

A court consisting of military or navalpersonnel appointed by a commanderto try charges of offenses by soldiers,sailors, etc., against military or navallaw

A court consisting of military or navalpersonnel appointed by a commanderto try charges of offenses by soldiers,sailors, etc., against military or navallaw

Court-martialCourt-martial

Punitive articlesaddress theseoffenses:

• Murder

• Assault

• Larceny

Punitive articlesaddress theseoffenses:

• Murder

• Assault

• Larceny

The wrongful taking and carryingaway of the personal goods ofanother from his or her possessionwith intent to convert them to thetaker's own use

The wrongful taking and carryingaway of the personal goods ofanother from his or her possessionwith intent to convert them to thetaker's own use

LarcenyLarceny

Punitive articlesalso cover militarybehavior such as:

• Disobedience of lawful orders

• Absence without leave (AWOL)

• Insubordination

Punitive articlesalso cover militarybehavior such as:

• Disobedience of lawful orders

• Absence without leave (AWOL)

• Insubordination

Article 55 prohibits crueland unusual punishment.Article 55 prohibits crueland unusual punishment.

Flogging, branding, keelhauling,and tattooing are strictly forbidden.

Flogging, branding, keelhauling,and tattooing are strictly forbidden.

In reference to civil law history, who compiled the first known legal code?


Q.1.Q.1.



Q.1.Q.1.

King Hammurabi of Babylon King Hammurabi of Babylon A.1.A.1.

When was this civil law code compiled? When was this civil law code compiled?

Q.2.Q.2.

When was this civil law code compiled? When was this civil law code compiled?

Q.2.Q.2.

About 1700 B.C. About 1700 B.C. A.2.A.2.

Who drew up the Roman Law that developed into the basic civil law of most European countries?


Q.3.Q.3.



Q.3.Q.3.

Emperor Justinian I Emperor Justinian I A.3.A.3.

After centuries of subsequent legal refinement, what leader finally codified the Roman Law in 1804?


Q.4.Q.4.



Q.4.Q.4.

Napoleon I of France Napoleon I of France A.4.A.4.

Who was obliged to sign the Magna Carta in England in 1215?


Q.5.Q.5.



Q.5.Q.5.

King John I King John I A.5.A.5.

What term was used for decisions developed in the King's court?


Q.6.Q.6.



Q.6.Q.6.

Common law Common law A.6.A.6.

Because of the burden of both criminal and civil codes, where were civil cases referred to in England?


Q.7.Q.7.



Q.7.Q.7.

Court of Chancery Court of Chancery A.7.A.7.

What is another term for civil law? What is another term for civil law?

Q.8.Q.8.

What is another term for civil law? What is another term for civil law?

Q.8.Q.8.

Equity law Equity law A.8.A.8.

What is the purpose of civil law? What is the purpose of civil law?

Q.9.Q.9.

What is the purpose of civil law? What is the purpose of civil law?

Q.9.Q.9.

It is used to restore rights, compensate damages, and correct injuries.

It is used to restore rights, compensate damages, and correct injuries.

A.9.A.9.

What type of cases were tried in the King’s Court and were designed to punish or deter wrongdoers by bringing them to court for justice?


Q.10.Q.10.



Q.10.Q.10.

Criminal law cases Criminal law cases A.10.A.10.

What is constitutional law? What is constitutional law? Q.11.Q.11.

Law that is based on the United States Constitution Law that is based on the United States Constitution

What is constitutional law? What is constitutional law? Q.11.Q.11.

A.11.A.11.

What amendment to the Constitution guarantees American citizens to a trial by a jury of their peers?


Q.12.Q.12.



Q.12.Q.12.

Sixth amendment Sixth amendment A.12.A.12.

What is military law? What is military law? Q.13.Q.13.

What is military law? What is military law? Q.13.Q.13.

Law regulating the military establishment, including the military justice system

Law regulating the military establishment, including the military justice system

A.13.A.13.

What are some examples of rights that a civilian has but are punishable by military law?


Q.14.Q.14.



Q.14.Q.14.

Telling off the boss, quitting your job, and striking for better pay or working conditions

Telling off the boss, quitting your job, and striking for better pay or working conditions

A.14.A.14.

On what were the “Rules for the Regulation of the Navy of the United Colonies” based?


Q.15.Q.15.



Q.15.Q.15.

British Common and Royal Navy admiralty law British Common and Royal Navy admiralty law

A.15.A.15.

What are Navy Regulations? What are Navy Regulations? Q.16.Q.16.

What are Navy Regulations? What are Navy Regulations? Q.16.Q.16.

Provides the broad guidelines for the organization and administration of the Navy.

Provides the broad guidelines for the organization and administration of the Navy.

A.16.A.16.

Explain the Naval Regulations regarding communication with the Commanding Officer.


Q.17.Q.17.



Q.17.Q.17.

Any person in the naval service has the right to communicate with the Commanding Officer at a proper time and place.

Any person in the naval service has the right to communicate with the Commanding Officer at a proper time and place.

A.17.A.17.

Explain the Naval Regulations regarding alcoholic beverages. Explain the Naval Regulations regarding alcoholic beverages.

Q.18.Q.18.

Explain the Naval Regulations regarding alcoholic beverages. Explain the Naval Regulations regarding alcoholic beverages.

Q.18.Q.18.

No alcoholic beverages are allowed on ships or stations or in your possession without authorization.

No alcoholic beverages are allowed on ships or stations or in your possession without authorization.

A.18.A.18.

Explain the Navy Regulations regarding fraternization. Explain the Navy Regulations regarding fraternization.

Q.19.Q.19.

Explain the Navy Regulations regarding fraternization. Explain the Navy Regulations regarding fraternization.

Q.19.Q.19.

Personal relationships between officers and enlisted members that are unduly familiar and that do not respect differences in grade or rank are prohibited.

Personal relationships between officers and enlisted members that are unduly familiar and that do not respect differences in grade or rank are prohibited.

A.19.A.19.

Explain the Navy Regulations regarding equal opportunity. Explain the Navy Regulations regarding equal opportunity.

Q.20.Q.20.

Explain the Navy Regulations regarding equal opportunity. Explain the Navy Regulations regarding equal opportunity.

Q.20.Q.20.

Equal opportunity and treatment shall be accorded all persons in the Department of the Navy irrespective of their race, color, religion, sex, or national origin, consistent with requirements for physical capabilities.

Equal opportunity and treatment shall be accorded all persons in the Department of the Navy irrespective of their race, color, religion, sex, or national origin, consistent with requirements for physical capabilities.

A.20.A.20.

What is the Uniform Code of Military Justice (UCMJ)? What is the Uniform Code of Military Justice (UCMJ)?

Q.21.Q.21.

What is the Uniform Code of Military Justice (UCMJ)? What is the Uniform Code of Military Justice (UCMJ)?

Q.21.Q.21.

A set of laws that cover the trial and punishment of offenders in the U.S. Armed Forces

A set of laws that cover the trial and punishment of offenders in the U.S. Armed Forces

A.21.A.21.

What are articles 77 – 134 of the UCMJ known as? What are articles 77 – 134 of the UCMJ known as?

Q.22.Q.22.

What are articles 77 – 134 of the UCMJ known as? What are articles 77 – 134 of the UCMJ known as?

Q.22.Q.22.

The punitive articles deal with acts that are in direct violation of accepted military or civil law.

The punitive articles deal with acts that are in direct violation of accepted military or civil law.

A.22.A.22.

CHAPTER 1 INTRODUCTION TO MILITARY LAW CHAPTER 1 INTRODUCTION TO MILITARY LAW.

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