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

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

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

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.

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

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.

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

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

AD (Civil or Equity Law) COURT OF CHANCERY (Criminal Law) KING’S COURT NAPOLEON 1215 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 country dealing with criminal offenses and their punishments The laws of a state or country dealing with criminal offenses and their punishments Criminal Law

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. 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.

Constitutional law recognizes the equality of all citizens. Constitutional law recognizes the equality of all citizens.

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

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

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

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

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. 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.

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

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

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.

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 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

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

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

Article 1110 Standards of Conduct

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

Article 1145 Service Examinations

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. 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.

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

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. 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

Article 1162 Alcoholic Beverages Alcoholic Beverages

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. 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.

Article 1164 Equal Opportunity and Treatment Article 1164 Equal Opportunity and Treatment

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. 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.

Article 1165 Fraternization Prohibited Article 1165 Fraternization Prohibited

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

Article 1167 Supremacist Activities Article 1167 Supremacist Activities

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. 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.

Uniform Code of Military Justice (UCMJ) Uniform Code of Military Justice (UCMJ)

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

The Uniform Code of Military Justice (UCMJ) covers the trial and punishment of offenders in the U.S. Armed Forces. The Uniform Code of Military Justice (UCMJ) covers the trial and punishment of offenders in the U.S. Armed Forces.

The word “uniform” means the Code is the same for all the armed services. The word “uniform” means the Code is the same for all the armed services. Uniform 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 personnel agree to abide by the Navy’s laws and regulations. Navy personnel agree to abide by the Navy’s laws and regulations.

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

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.

The first nine articles deal with: General provisions Rules for apprehension and restraint Conduct of non- judicial punishment and court-martials The first nine articles deal with: General provisions Rules for apprehension and restraint Conduct of non- judicial punishment and court-martials

Group 10, known as the punitive articles, comprise articles dealing with specific infractions of military law. Group 10, known as the punitive articles, comprise articles dealing with specific infractions of military law.

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. 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

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 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)

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 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

Punitive articles address these offenses: Murder Assault Larceny Punitive articles address these offenses: Murder Assault Larceny

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 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

Punitive articles also cover military behavior such as: Disobedience of lawful orders Absence without leave (AWOL) Insubordination Punitive articles also cover military behavior such as: Disobedience of lawful orders Absence without leave (AWOL) Insubordination

Article 55 prohibits cruel and unusual punishment. Article 55 prohibits cruel and 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.

In reference to civil law history, who compiled the first known legal code? Q.1. King Hammurabi of Babylon A.1.

When was this civil law code compiled? Q.2.

When was this civil law code compiled? Q.2. About 1700 B.C. A.2.

Who drew up the Roman Law that developed into the basic civil law of most European countries? Q.3.

Who drew up the Roman Law that developed into the basic civil law of most European countries? Q.3. Emperor Justinian I A.3.

After centuries of subsequent legal refinement, what leader finally codified the Roman Law in 1804? Q.4.

After centuries of subsequent legal refinement, what leader finally codified the Roman Law in 1804? Q.4. Napoleon I of France A.4.

Who was obliged to sign the Magna Carta in England in 1215? Q.5.

Who was obliged to sign the Magna Carta in England in 1215? Q.5. King John I A.5.

What term was used for decisions developed in the King's court? Q.6.

What term was used for decisions developed in the King's court? Q.6. Common law A.6.

Because of the burden of both criminal and civil codes, where were civil cases referred to in England? Q.7.

Because of the burden of both criminal and civil codes, where were civil cases referred to in England? Q.7. Court of Chancery A.7.

What is another term for civil law? Q.8.

What is another term for civil law? Q.8. Equity law A.8.

What is the purpose of civil law? Q.9.

What is the purpose of civil law? Q.9. It is used to restore rights, compensate damages, and correct injuries. 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.

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. Criminal law cases A.10.

What is constitutional law? Q.11.

Law that is based on the United States Constitution What is constitutional law? Q.11. A.11.

What amendment to the Constitution guarantees American citizens to a trial by a jury of their peers? Q.12.

What amendment to the Constitution guarantees American citizens to a trial by a jury of their peers? Q.12. Sixth amendment A.12.

What is military law? Q.13.

What is military law? Q.13. Law regulating the military establishment, including the military justice system A.13.

What are some examples of rights that a civilian has but are punishable by military law? Q.14.

What are some examples of rights that a civilian has but are punishable by military law? Q.14. Telling off the boss, quitting your job, and striking for better pay or working conditions A.14.

On what were the “Rules for the Regulation of the Navy of the United Colonies” based? Q.15.

On what were the “Rules for the Regulation of the Navy of the United Colonies” based? Q.15. British Common and Royal Navy admiralty law A.15.

What are Navy Regulations? Q.16.

What are Navy Regulations? Q.16. Provides the broad guidelines for the organization and administration of the Navy. A.16.

Explain the Naval Regulations regarding communication with the Commanding Officer. Q.17.

Explain the Naval Regulations regarding communication with the Commanding Officer. Q.17. Any person in the naval service has the right to communicate with the Commanding Officer at a proper time and place. A.17.

Explain the Naval Regulations regarding alcoholic beverages. Q.18.

Explain the Naval Regulations regarding alcoholic beverages. Q.18. No alcoholic beverages are allowed on ships or stations or in your possession without authorization. A.18.

Explain the Navy Regulations regarding fraternization. Q.19.

Explain the Navy Regulations regarding fraternization. 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. A.19.

Explain the Navy Regulations regarding equal opportunity. Q.20.

Explain the Navy Regulations regarding equal opportunity. 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. A.20.

What is the Uniform Code of Military Justice (UCMJ)? Q.21.

What is the Uniform Code of Military Justice (UCMJ)? Q.21. A set of laws that cover the trial and punishment of offenders in the U.S. Armed Forces A.21.

What are articles 77 – 134 of the UCMJ known as? Q.22.

What are articles 77 – 134 of the UCMJ known as? Q.22. The punitive articles deal with acts that are in direct violation of accepted military or civil law. A.22.