1. CHAPTER 1 INTRODUCTION TO MILITARY LAW CHAPTER 1 INTRODUCTION TO MILITARY LAW MODULE: NAVAL KNOWLEDGE UNIT 3: MILITARY LAW MODULE: NAVAL KNOWLEDGE UNIT 3: MILITARY LAW

2. Introduction

3. The force of government behind customs and codes of law transforms them into practical laws regulating the daily lives of people.

4. Topic Review

5. Q. Why have societies developed codes of laws? Reference Study Guide Question #1

6. Q. Why have societies developed codes of laws? A. In any organization of people, whether a business, school, community, athletic team, or military unit, there has to be an understanding of what can and cannot be done. There must be a code of law, rules, and established regulations by which all group members conduct themselves. Reference Study Guide Question #1

7. Q. How do laws come into force? Reference Study Guide Question #2

8. Q. How do laws come into force? A. The force of government behind customs and codes of law transforms them into practical laws regulating the daily lives of people. These laws are further defined by court decisions and rulings by judges. Reference Study Guide Question #2

9. History of Law Codes

10. King Hammurabi compiled the first known code of law. King Hammurabi compiled the first known code of law.

11. Emperor Justinian drew up the Roman Law that served as the basis of European civil law. Emperor Justinian drew up the Roman Law that served as the basis of European civil law.

12. Napoleon’s Civil Code served as the model for civil codes of many nations.

13. Accused persons had to prove themselves innocent of any charges filed against them by the state. Accused persons had to prove themselves innocent of any charges filed against them by the state.

14. English common law developed from decisions in the king’s court.

15. The unwritten law, especially of England, based on custom or court decision, as distinct from statute law. Common Law

16. AD (Civil or Equity Law) COURT OF CHANCERY (Criminal Law) KING’S COURT 1200 1400 1600 1800 1900 NAPOLEON 1215 MAGNA CARTA Timeline

17. 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

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

19. The laws of a state or country dealing with criminal offenses and their punishments. Criminal Law

20. Trial by a jury of peers—citizens of equal status under the law—is a specific right under English common law, and is guaranteed to each American citizen by the Sixth Amendment to the U.S. Constitution. Jury of Peers

21. Topic Review

22. Q. What is the basic difference between the European Civil Code and English common law? Reference Study Guide Question #3

23. Q. What is the basic difference between the European Civil Code and English common law? A. Under the European civil code (Napoleonic code), the accused must prove himself or herself innocent of charges filed by the state. Under English common law, upon which American criminal law is based, the accused is presumed innocent until the evidence brought before the jury proves guilt beyond any reasonable doubt. Reference Study Guide Question #3

24. Q. What is meant by a trial by a jury of peers? Reference Study Guide Question #5

25. Q. What is meant by a trial by a jury of peers? A. Trial by a jury of peers means that a person accused of a crime has his or her case heard by a jury of citizens of equal status under the law. Reference Study Guide Question #5

26. The U.S. Constitution and Military Law The U.S. Constitution and Military Law

27. Constitutional law recognizes the equality of all citizens.

28. It gives the Congress the power to provide and maintain a Navy and to establish rules and regulations for its operation, which collectedly are referred to as military law. It gives the Congress the power to provide and maintain a Navy and to establish rules and regulations for its operation, which collectedly are referred to as military law. U.S. Constitution U.S. Constitution

29. Acts considered rights in civilian societies may be offenses in a military society. Acts considered rights in civilian societies may be offenses in a military society. Disrespect toward superior Desertion Mutiny Disrespect toward superior Desertion Mutiny Telling off the boss Quit your job Go on strike Telling off the boss Quit your job Go on strike CIVILIAN RIGHTS CIVILIAN RIGHTS MILITARY OFFENSE MILITARY OFFENSE

30. In the defense of the nation, citizens cannot “do their own thing” when or if it pleases them. What Cannot be Done

31. Military Law Law regulating the military establishment, including the military justice system Law regulating the military establishment, including the military justice system

32. Military law is designed to preserve good order and discipline within the military service, like state and federal laws preserve good order in the civilian community.

33. In 1775, John Adams drafted the “Rules for the Regulation of the Navy of the United Colonies.” John Adams

34. Topic Review

35. Q. What is the basis of all U.S. law? Reference Study Guide Question #4

36. Q. What is the basis of all U.S. law? A. The U.S. constitution is the basis of all U.S. law. Reference Study Guide Question #4

37. Q. Why is there a separate body of military law? Reference Study Guide Question #6

38. Q. Why is there a separate body of military law? A. Military law not only restrains individuals for protection of the whole military community, but also establishes the prescribed conduct that all members must observe to preserve order and discipline. Military law is therefore different in some degree from the civil law code. Reference Study Guide Question #6

39. Q. What is the relationship between discipline and military law? Reference Study Guide Question #7

40. Q. What is the relationship between discipline and military law? A. Under the constitution, military law regulates the military establishment, including the military justice system. It is designed to preserve good order and discipline in the military services the same way that state and federal laws preserve good order in the civilian community. Reference Study Guide Question #7

41. Q. What is the basic requirement of both military and civil law pertaining to individual rights? Reference Study Guide Question #8

42. Q. What is the basic requirement of both military and civil law pertaining to individual rights? A. Both military and civil law, under the constitution, require that the rights of each individual be protected. Every person in uniform is assured equal justice under military and civil law. Reference Study Guide Question #8

43. Navy Regulations

44. U.S. Navy Regulations Provide broad guidelines for organization and administration of the Navy. Specify particular actions that can and cannot be done. Specify how the chain of command should handle these actions. Provide broad guidelines for organization and administration of the Navy. Specify particular actions that can and cannot be done. Specify how the chain of command should handle these actions.

45. A law, rule, or other order prescribed by authority, especially to regulate conduct. Regulations

46. DEPARTMENT OF THE NAVY NAVY REGULATIONS Navy Regulations are posted on bulletin boards or included in the Ship’s Organization and Regulations Manual. Navy Regulations are posted on bulletin boards or included in the Ship’s Organization and Regulations Manual. Posted Regulations

47. An instruction that provides specific procedures that are designed to carry out the goals and objectives of the unit in the most effective and efficient way possible. Ship’s Organization and Regulations Manual Ship’s Organization and Regulations Manual

48. The plan of the day contains both official and unofficial information. All personnel are charged with the knowledge of its contents. Selected articles are quoted in the Plan of the Day.

49. A chronology of planned events and important notes published daily and posted throughout the command. Plan of the Day

50. Standards of Conduct Article 1110

51. Standards of Conduct Article 1110 Standards of Conduct All Departments of the Navy personnel are expected to conduct themselves in accordance with the highest standards of personal and professional integrity and ethics.

52. Article 1145 Service Examinations

53. Article 1145 Service Examinations Article 1145 Service Examinations Persons in the Department of the Navy, without proper authority, shall not have in their possession, obtain, sell, publish, give, purchase, receive or reproduce any examination paper, or any copy thereof, or answer sheet thereto, for any examination whatsoever which has been, is, or is to be administered within the Department of the Navy.

54. Article 1151 Direct Communications with the Commanding Officer Direct Communications with the Commanding Officer

55. The right of any person in the naval service to communicate with the commanding officer in a proper manner, and at a proper time and place, shall not be denied or restricted. Article 1151 Direct Communications with the Commanding Officer Article 1151 Direct Communications with the Commanding Officer

56. Article 1162 Alcoholic Beverages Alcoholic Beverages

57. Article 1162 Alcoholic Beverages Article 1162 Alcoholic Beverages Except as may be authorized by the Secretary of the Navy, the introduction, possession or use of alcoholic beverages on board any ship, craft, aircraft, or in any vehicle of the Department of the Navy is prohibited.

58. Article 1164 Equal Opportunity and Treatment Article 1164 Equal Opportunity and Treatment

59. Article 1164 Equal Opportunity and Treatment Article 1164 Equal Opportunity and Treatment Equal opportunity shall be afforded to all on the basis of individual effort, performance, conduct, diligence, potential, capabilities, and talents without discrimination as to race, color, religion, creed, sex, or national origin.

60. Article 1165 Fraternization Prohibited Article 1165 Fraternization Prohibited

61. Article 1165 Fraternization Prohibited Article 1165 Fraternization Prohibited Personal relationships between officers and enlisted members that are unduly familiar and that do not respect differences in grade or rank are prohibited.

62. Article 1167 Supremacist Activities Article 1167 Supremacist Activities

63. Article 1167 Supremacist Activities Article 1167 Supremacist Activities No person in the naval service shall participate in any organization that espouses supremacist cause; attempts to create illegal discrimination based on race creed, color, sex, religion, or national origin; advocates the use of force or violence against the government of the United States or the government of any state, territory, district, or possession thereof…or otherwise engages in efforts to deprive individuals of their civil rights.

64. Topic Review

65. Q. What is the purpose of Navy Regulations? Reference Study Guide Question #9

66. Q. What is the purpose of Navy Regulations? A. Navy Regulations is the set of basic laws governing the Navy today. These regulations provide the broad guidelines for the organization and administration of the Navy and specify particular actions that can and cannot be done and how the chain of command should handle these actions. Reference Study Guide Question #9

67. Q. Under Navy Regulations, what is the rule concerning communications with the commanding officer? Reference Study Guide Question #10A

68. Q. Under Navy Regulations, what is the rule concerning communications with the commanding officer? A. The right of any person in the naval service to communicate with the commanding officer in a proper manner, and at a proper time and place, shall not be denied or restricted. Reference Study Guide Question #10A

69. Q. Under Navy Regulations, what is the rule concerning examinations? Reference Study Guide Question #10B

70. Q. Under Navy Regulations, what is the rule concerning examinations? A. Persons in the Department of the Navy, without proper authority, shall not have in their possession, obtain, sell, publish, give, purchase, receive, or reproduce any examination paper, or any copy thereof, or answer sheet thereto, for any examination whatsoever that has been, is, or is to be administered within the Department of the Navy. Reference Study Guide Question #10B

71. Q. Under Navy Regulations, what is the rule concerning equal opportunity? Reference Study Guide Question #10C

72. Q. Under Navy Regulations, what is the rule concerning equal opportunity? A. Equal opportunity shall be afforded to all on the basis of individual effort, performance, conduct, diligence, potential, capabilities, and talents without discrimination as to race, color, religion, creed, sex, or national origin. Reference Study Guide Question #10C

73. Q. Under Navy Regulations, what is the rule concerning alcoholic beverages? Reference Study Guide Question #10D

74. Q. Under Navy Regulations, what is the rule concerning alcoholic beverages? A. Except as may be authorized by the secretary of the Navy, the introduction, possession, or use of alcoholic beverages on board any ship, craft, aircraft, or in any vehicle of the Department of the Navy is prohibited. Reference Study Guide Question #10D

75. The Uniform Code of Military Justice (UCMJ)

76. A Congressional Code of Military Criminal Law applicable to all military members worldwide. A Congressional Code of Military Criminal Law applicable to all military members worldwide. UCMJ Articles

77. The UCMJ covers the trial and punishment of offenders in the U.S. Armed Forces. What the UCMJ Covers

78. The word “uniform” means the Code is the same for all the armed services. To Whom the UCMJ Applies

79. Supplements the UCMJ Deals with administration of the law Supplements the UCMJ Deals with administration of the law A Supplement

80. Must know the Code Must be familiar with procedures of naval courts Must know the Code Must be familiar with procedures of naval courts All Sailors

81. Navy personnel agree to abide by the Navy’s laws and regulations. Navy personnel agree to abide by the Navy’s laws and regulations. An Sworn Oath

82. Article 137 of the UCMJ directs that articles of the Code be carefully explained 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 that articles of the Code be carefully explained to every enlistee: At the time of entry on active duty After 6 months of active service At the time of reenlistment UCMJ Article 137

83. UCMJ NAVY REGULATIONS ART 137 Navy Regulations direct that the text of the UCMJ be posted for all persons to see.

84. The 146 articles making up the Uniform Code are divided into 12 groupings. The 146 articles making up the Uniform Code are divided into 12 groupings. 146 UCMJ Articles 146 UCMJ Articles

85. General provisions Rules for apprehension and restraint Conduct of nonjudicial punishment and court-martials General provisions Rules for apprehension and restraint Conduct of nonjudicial punishment and court-martials First Nine UCMJ Articles

86. Group 10, known as the Punitive Articles, comprise articles 77-134 dealing with specific infractions of military law. Group 10: Punitive Articles

87. These articles address acts that are in direct violation of acceptable military and, in many cases, civil law, and that would constitute a court-martial offense. They include offenses such as murder, assault, and larceny, and infractions against military behavior such as disobedience of lawful orders, absence without leave, and insubordination. The Punitive Articles

88. Refers to certain limited punishments which can be awarded for minor disciplinary offenses by commanding officers or officers in charge of members of their command. Nonjudicial Punishment (NJP)

89. A court consisting of military or naval personnel appointed by a commander to try charges of offenses by soldiers, sailors, etc., against military or naval Law. Court-Martial

90. Murder Assault Larceny Murder Assault Larceny Offenses Addressed by Punitive Articles

91. The wrongful taking and carrying away of the personal goods of another from his or her possession with intent to convert them to the taker's own use. Larceny

92. Disobedience of lawful orders Absence without leave (AWOL) Insubordination Disobedience of lawful orders Absence without leave (AWOL) Insubordination Military Behaviors Covered by Punitive Articles

93. Flogging, branding, keelhauling, and tattooing are strictly forbidden. Article 55: Cruel and Unusual Punishment

94. Topic Review

95. Q. Which three publications explain all matters concerning U.S. military law? Reference Study Guide Question #11

96. Q. Which three publications explain all matters concerning U.S. military law? A. The three publications dealing with U.S. military law are the Uniform Code of Military Justice (UCMJ), the Manual for Courts-Martial, United States, and the Manual of the Judge Advocate General. Reference Study Guide Question #11

97. Q. Why must naval personnel be familiar with the UCMJ? Reference Study Guide Question #12

98. Q. Why must naval personnel be familiar with the UCMJ? A. All military leaders must know the fundamentals of military law. Officers must know the basics of court procedures, for they may be called upon at any time to participate in the conduct of a military court, or to investigate matters that have some bearing in such a court. Since Navy personnel agree to abide by the Navy’s law and regulations in their oath of enlistment, it stands to reason that each Navy person must learn what these laws are. Reference Study Guide Question #12

99. Q. What kinds of cruel and unusual punishments are prohibited by article 55 of the UCMJ? Reference Study Guide Question #13

100. Q. What kinds of cruel and unusual punishments are prohibited by Article 55 of the UCMJ? A. Under Article 55 of the UCMJ, cruel and unusual punishments are prohibited. In the days of sail, punishments by flogging, branding, or tattooing on the body were not uncommon. Today they are strictly forbidden. Public punishments that might tend to ridicule, such as shaving the head, placing offenders in the stocks, tying them up by the thumbs, and forcing them to carry about placards or heavy loads, are also prohibited by the code. Placing a prisoner “in irons,” except for handcuffs when traveling in custody, is likewise not allowed. Reference Study Guide Question #13