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MILITARY CONDUCT AND JUSTICE BMR CHAPTER 2 HM1 VIDAL.

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Presentation on theme: "MILITARY CONDUCT AND JUSTICE BMR CHAPTER 2 HM1 VIDAL."— Presentation transcript:

1 MILITARY CONDUCT AND JUSTICE BMR CHAPTER 2 HM1 VIDAL

2 THREE SOURCES THAT SET FORTH THE LAW!!!! U.S. Navy Regulations U.S. Navy Regulations Standard Organization and Regulations of the U.S. Navy (SORN) Standard Organization and Regulations of the U.S. Navy (SORN) Uniform Code of Military Justice Uniform Code of Military Justice

3 PERSONAL CONDUCT

4 A good sailor always… Acts in a military and seamanlike manner Acts in a military and seamanlike manner Puts the good of the navy before personal likes and dislikes Puts the good of the navy before personal likes and dislikes Obeys the rules of military courtesy and etiquette Obeys the rules of military courtesy and etiquette Demonstrates loyalty, self control, honesty and truthfulness Demonstrates loyalty, self control, honesty and truthfulness Knows what to do in an emergency and how to do it with the least waste of time and with minimum confusion Knows what to do in an emergency and how to do it with the least waste of time and with minimum confusion

5 CODE OF CONDUCT

6 Code of Conduct Prescribed in 1955 by President Eisenhower Prescribed in 1955 by President Eisenhower Provides American military personnel with a standard of conduct if captured by the enemy Provides American military personnel with a standard of conduct if captured by the enemy Provides a framework of ideals and ethical standards that will help personnel resist the physical, mental and moral onslaughts of their captors Provides a framework of ideals and ethical standards that will help personnel resist the physical, mental and moral onslaughts of their captors

7 Code of Conduct Article I I am an American, fighting in the forces which guard my country and our way of life. I am prepared to give my life in their defense. I am an American, fighting in the forces which guard my country and our way of life. I am prepared to give my life in their defense.

8 Code of Conduct Article II I will never surrender of my own free will. If in command I will never surrender the members of my command while they still have the means to resist. I will never surrender of my own free will. If in command I will never surrender the members of my command while they still have the means to resist.

9 Code of Conduct Article III If I am captured, I will continue to resist by all means available. I will make every effort to escape and aid others to escape. I will accept neither parole nor special favors from the enemy. If I am captured, I will continue to resist by all means available. I will make every effort to escape and aid others to escape. I will accept neither parole nor special favors from the enemy.

10 Code of Conduct Article IV If I become a prisoner of war, I will keep faith with my fellow prisoners. I will give no information or take part in any action which might be harmful to my comrades. If I am senior, I will take command. If not, I will obey the lawful orders of those appointed over me and will back them up in every way. If I become a prisoner of war, I will keep faith with my fellow prisoners. I will give no information or take part in any action which might be harmful to my comrades. If I am senior, I will take command. If not, I will obey the lawful orders of those appointed over me and will back them up in every way.

11 Code of Conduct Article V When questioned, should I become a prisoner of war, I am required to give name, rank, service number and date of birth. I will evade answering further questions to the utmost of my ability. I will make no oral or written statements disloyal to my country and its allies or harmful to their cause. When questioned, should I become a prisoner of war, I am required to give name, rank, service number and date of birth. I will evade answering further questions to the utmost of my ability. I will make no oral or written statements disloyal to my country and its allies or harmful to their cause.

12 Code of Conduct Article VI I will never forget that I am an American, fighting for freedom, responsible for my actions, and dedicated to the principles which made my country free. I will trust in my God and in the United States of America. I will never forget that I am an American, fighting for freedom, responsible for my actions, and dedicated to the principles which made my country free. I will trust in my God and in the United States of America.

13 WHAT ARE THE 3 SOURCES THAT GOVERN MILITARY CONDUCT AND JUSTICE? U.S. NAVY REGULATIONS STANDARD ORGANIZATION AND REGULATIONS OF THE NAVY(SORN) UNIFORM CODE OF MILITARY JUSTICE

14 WHAT PROVIDES AMERICAN MILITARY PERSONNEL WITH A STANDARD OF CONDUCT IF CAPTURED BY THE ENEMY? CODE OF CONDUCT

15 THE CODE OF CONDUCT WAS PRESCRIBED IN WHAT YEAR AND BY WHICH PRESIDENT? 1955 BY PRESIDENT DWIGHT D. EISENHOWER

16 THE CODE OF CONDUCT IS COMPRISED OF HOW MANY ARTICLES? SIX

17 ACCORDING TO ARTICLE 5 OF THE CODE OF CONDUCT, WHAT IS THE ONLY INFORMATION YOU ARE REQUIRED TO DIVULGE IF CAPTURED? NAMERANK SERVICE NUMBER DATE OF BIRTH

18 MILITARY POLICE

19 Military Police Air Force Air Force –Security Police Army/Marine Corps Army/Marine Corps –Military Police (MP) Navy Navy –Shore Patrol (SP) In areas that are unified with combined forces In areas that are unified with combined forces –Armed Forces Police Detachment (AFPD)

20 DISCIPLINE

21 Discipline The word discipline comes from a Latin word meaning “to teach”. The word discipline comes from a Latin word meaning “to teach”. Discipline is a character builder, not a destroyer of individuality. Discipline is a character builder, not a destroyer of individuality. Signs of discipline are shown in: Signs of discipline are shown in: –Smart salutes –Uniforms –Reporting to stations on time

22 MILITARY POLICE THAT PERFORM DUTIES IN A UNIFIED JOINT AREA ARE KNOWN AS WHAT? ARMED FORCES POLICE DEPARTMENT (AFPD)

23 T OR F? DISCIPLINE SHOULD NOT BE USED AS A CHARACTER BUILDER. FALSE

24 PUNISHMENT

25 Punishment Punishment is not personal, vindictive, or inflicted as revenge for misconduct Punishment is not personal, vindictive, or inflicted as revenge for misconduct Punishment must be consistent and just Punishment must be consistent and just Should NEVER lower self esteem or be out of proportion to the offense Should NEVER lower self esteem or be out of proportion to the offense ***Personnel are punished as a result of their behavior ***They will not be punished again if they learn to conform to Navy standards of conduct

26 REGULATIONS THAT GOVERN THE U.S. NAVY

27 U.S. Navy Regulations Describes: Describes: –Principal parts of the Department of the Navy –Duties, authority, and responsibilities of some of the offices within the DoN –Rights and responsibilities of all Navy personnel CNO is responsible for ensuring the U.S Navy Regs conform to the current needs of the DoN. CNO is responsible for ensuring the U.S Navy Regs conform to the current needs of the DoN. Changes are issued by the SECNAV after being approved by the President Changes are issued by the SECNAV after being approved by the President

28 U.S. Navy Regulations Examples: 1037. Authority of CWO, NCOs and Petty Officers 1037. Authority of CWO, NCOs and Petty Officers –CWOs, Warrant Officers, NCOs and petty officers shall have, under their superiors, all necessary authority for the proper performance of their duties, and they shall be obeyed accordingly 1064. Detail of Enlisted Persons for Certain Details 1064. Detail of Enlisted Persons for Certain Details –Petty officers will not be detailed to perform mess duties, except when nonrated personnel are not available 1157. Leave and Liberty 1157. Leave and Liberty –Leave and liberty will be granted to the maximum extent practicable

29 Standard Organization and Regulations of the U.S. Navy Found in OPNAVINST 3120.32 Found in OPNAVINST 3120.32 Provides regulation and guidance of all members Provides regulation and guidance of all members Specifies duties and responsibilities within a unit organization Specifies duties and responsibilities within a unit organization

30 Standard Organization and Regulations of the U.S. Navy 510.18 Emergency Equipment 510.18 Emergency Equipment –No person shall use emergency equipment for any purpose other than that for which it is intended…. 510.27 Intoxicated Persons 510.27 Intoxicated Persons –The OOD or the CDO shall ensure that the medical officer or a qualified rep shall promptly examine all persons who return onboard in an intoxicated condition or found onboard intoxicated

31 Uniform Code of Military Justice Until 1951, the various military branches operated under different military codes Until 1951, the various military branches operated under different military codes Secretary of Defense James Forrestal initiated the interservice committee that drafted the UCMJ, which was passed by congress on 5 MAY 1950 and signed into law and became effective on 31 MAY 1951 Secretary of Defense James Forrestal initiated the interservice committee that drafted the UCMJ, which was passed by congress on 5 MAY 1950 and signed into law and became effective on 31 MAY 1951 The Manual for Courts-Martial (MCM) consolidated and standardized military legal procedures The Manual for Courts-Martial (MCM) consolidated and standardized military legal procedures

32 UCMJ Article 137 (Articles to be explained) Must be explained to every enlisted person at certain intervals Must be explained to every enlisted person at certain intervals –At time of enlistment –After 6 months of AD –During reenlistment

33 UCMJ Examples Art 15 COs Nonjudicial Punishment Art 15 COs Nonjudicial Punishment –For some offenses, COs may offer an article 15 instead of court-martial. Receiving an article 15 is not a conviction and does not give a person a criminal record Art 134 General Article Art 134 General Article

34 WHEN ISSUING PUNISHMENT, LEADERS MUST CONSIDER ALL OF THE FOLLING EXCEPT WHAT? A. Punishment is not personal, vindictive, or inflicted as revenge for misconduct B. Delivered with intent to embarrass the perpetrator C. Punishment must be consistent and just D. Should NEVER lower self esteem or be out of proportion to the offense

35 WHEN ISSUING PUNISHMENT, LEADERS MUST CONSIDER ALL OF THE FOLLING EXCEPT WHAT? B. Delivered with intent to embarrass the perpetrator

36 WHO IS RESPONSIBLE FOR ENSURING THAT NAVY REGULATIONS CONFORM TO THE CURRENT NEEDS OF THE NAVY? CNO

37 CHANGES TO NAVY REGULATIONS ARE ISSUED BY THE SECRETARY OF THE NAVY AFTER BEING APPROVED BY WHO? THE PRESIDENT

38 ON WHAT DAY DID THE UCMJ BECOME EFFECTIVE? MAY 31, 1951

39 WHICH ARTICLE OF THE UCMJ GRANTS COs THE AUTHORITY TO ISSUE NONJUDICIAL PUNISHMENT? ARTICLE 15

40 WHAT DOCUMENT SOURCE SPECIFIES DUTIES AND RESPONSIBILITIES WITHIN A NAVY UNIT ORGANIZATION? STANDARD ORGANIZATION AND REGUALTIONS OF THE U.S. NAVY (SORN)

41 ARTICLE 15 - NJP (CAPTAINS MAST)

42 Article 15 - NJP (Captains Mast) If you break a rule or are negligent, careless, or unmilitary in your conduct, an officer or petty officer may put you on report If you break a rule or are negligent, careless, or unmilitary in your conduct, an officer or petty officer may put you on report Being “put on report” means you may see “the man” Being “put on report” means you may see “the man” Anyone who is not attached to or embarked in a vessel may demand trial by court-martial Anyone who is not attached to or embarked in a vessel may demand trial by court-martial Punishments permitted at captain’s mast depend on the rank of the officer holding mast Punishments permitted at captain’s mast depend on the rank of the officer holding mast A CO that decides an offense deserves punishment more severe than he is authorized to give may order court-martial A CO that decides an offense deserves punishment more severe than he is authorized to give may order court-martial

43 Article 15 - NJP (Captains Mast) Punishments Restriction Restriction –The requirement to remain within certain specified limits –Although required to muster at certain times, the restricted personnel usually continues to perform their regular duties Correctional Custody (confinement) Correctional Custody (confinement) Confinement on Bread and Water or Diminished Rations Confinement on Bread and Water or Diminished Rations –May be imposed only on enlisted persons E-3 and below aboard ship

44 Article 15 - NJP (Captains Mast) Punishments Extra Duty Extra Duty –Performed after regular working hours –Not to exceed 2 hours daily –Not to be performed on holidays Forfeiture of Pay Forfeiture of Pay –Detention period must be specified –Money is normally returned at the end of the detention period, up to 1 year

45 Article 15 - NJP (Captains Mast) Appeals Must be made within a reasonable time, usually 5 days Must be made within a reasonable time, usually 5 days Meritorious and Request Masts Meritorious and Request Masts –May be held by CO to give awards/commendations

46 COURTS-MARTIAL

47 COURTS-MARTIAL Summary Courts-martial Consists of one commissioned officer Consists of one commissioned officer Can award any sentence that may be given at mast Can award any sentence that may be given at mast Can also award additional punishments Can also award additional punishments –1 month confinement –Hard labor without confinement for 45 days

48 COURTS-MARTIAL Special Courts-Martial Must consist of: Must consist of: –Not less than three members Or –Only a military judge The accused has the right to: The accused has the right to: –Know the identity of the military judge –Consult with the defense counsel and request that the court consist of only the military judge May award the same punishment of a summary court-martial, or it may add additional punishment such as: May award the same punishment of a summary court-martial, or it may add additional punishment such as: –“Big Chicken Dinner” –6 months confinement –Loss of 2/3 pay x 6 months –Hard labor without confinement for 3 months

49 COURTS-MARTIAL General Court-martial Consists of: Consists of: –Military judge and not less than 5 members Or –Only a military judge Accuser may request only a military judge Accuser may request only a military judge Can award any punishment not forbidden by the UCMJ, including death Can award any punishment not forbidden by the UCMJ, including death Defense counsel may be a civilian or a military lawyer selected by the accused Defense counsel may be a civilian or a military lawyer selected by the accused ****If a civilian counsel is selected, the accused must pay the counsel’s expenses, regardless of the outcome Didn’t I tell you? She told me she was in “school” She didn’t’ say “high school”!

50 PUNISHMENT ISSUED AT CAPTAIN’S MAST IS BASED ON THE PRESIDING OFFICER’S WHAT? RANK

51 T OR F? A CO THAT DECIDES THAT AN OFFENSE DESERVES PUNSISHMENT MORE SEVERE THAN HE IS AUTHORIZED TO GIVE MAY ORDER COURTS MARTIAL. TRUE

52 CONFINEMENT ON BREAD AND WATER MAY BE AWARDED TO PERSONNEL ABOARD SHIP OF WHAT RANKS? E-3 AND BELOW

53 EXTRA DUTY WILL NOT EXCEED HOW MANY HOURS IN A DAY? 2 HOURS

54 CAPTAIN’S MAST APPEALS SHOULD USUALLY BE MADE WITHIN HOW MANY DAYS? 5 DAYS

55 A SUMMARY COURTS MARTIAL CONSISTS OF HOW MANY COMMISSIONED OFFICERS? ONE

56 WHAT COURTS MARTIAL CAN AWARD ANY PUNISHMENT GRANTED BY THE UCMJ, INCLUDING DEATH? GENERAL COURTS MARTIAL

57 WHO DAT WHO GOT QUESTIONS?????!!!!!


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