Uniform Code of Military Justice and Navy Regulations

1. Uniform Code of Military Justice and Navy Regulations

2. U.S. Navy Regulations Principal regulatory document of the Department of the Navy (DON) Endowed with the sanction of Law

3. U.S. Navy Regulations No other directive in the DON may conflict, alter, or amend U.S. Navy Regulations CNO is responsible for ensuring Navy Regs conform to the needs of the DON.

4. Duties of the Commanding Officer Absolute responsibility for command. Can delegate authority, but not responsibility. Responsible for accomplishment of mission. Responsible for maintaining good order and discipline.

5. Precedence, Authority, and Command Chapter 8 of Navy Regs Shows relative rank and precedence Exercise of Authority Authority over subordinates Contradictory and Conflicting orders Succession of command Succession in Battle

6. Senior Officer Present, Afloat (SOPA) Definition - Senior Line Officer of the Navy on active duty, eligible for command at sea, present in locality and in command of any part of the DON in locality

7. Senior Officer Present, Afloat (SOPA) Authority - shall assume command of all DON personnel when he/she deems necessary. Shall exercise authority in a manner consistent with full operational command due a commander of a unified or specified command

8. UCMJ History and Background: Began with Phoenicians who had very strict laws pertaining to military personnel. Sea law differs from land law (civilian and military) due to inherent hazards of sea. "Rules for the Regulation of the Navy of the United Colonies"

9. UCMJ Created by Congress Each service had different rules In 1950, Congress adopted the UCMJ (uniform to all services), to take effect 31 May 1951

10. UCMJ Purpose - Seeks to promote good order, high moral, and Discipline Scope - Applies to every aspect of military life

11. UCMJ Who is subject to the UCMJ? Active duty personnel Reservists on active duty Midshipmen of the Naval Academy Retired personnel receiving benefits Civilians under Martial Law

12. UCMJ Can be tried even after leaving service for crime committed while in service. Can be tried in conjunction with civilian trial

13. NJP History Greeks had NJP, field commanders could do almost whatever they wanted. British commanders could assign death penalty as NJP. Americans have always required court-martial for the Death Penalty. NJP started in 1951 with application of Article 15 of the UCMJ

14. NJP Who may impose NJP? Commanding Officer�s OIC�s (Officers-in-Charge) or their commanders

15. UCMJ Who may receive NJP? Any military member Right to Refuse? Ashore - member may refuse NJP and elect court-martial At Sea - no option to refuse NJP because it could undermine good order and discipline.

16. NJP Nature of NJP For minor offenses only, more serious than administrative actions. Not a trial, hence non-judicial Provides CO�s with a method of prompt judgement

17. NJP Nature of NJP No Lawyers needed or allowed (unless CO gives specific permission) If severity of charges warrant, CO may discontinue NJP and refer to a Courts-Martial

18. NJP Punishment - Officers Reprimand Restriction Arrest in Quarters Forfeiture of pay

19. NJP Punishment - Enlisted Reprimand Confinement on Bread & Water Correctional Custody Forfeiture of Pay Reduction in Grade Extra Duty Restriction

20. Procedure for NJP Pre-mast Details of offense determined by Investigating Officer (IO) Accused must be read and acknowledge his/her rights IO presents facts to XO(usually)

21. Procedure for NJP XOI - Executive Officer Inquiry Same type proceeding as NJP Usually awarded page 13 entry (Administrative) if not sent to NJP

22. Procedure for NJP Mast Accused has right to make statement, present witnesses in defense CO weighs findings of IO, evidence, extenuating circumstances, etc. CO determines guilt/innocence and amount/type of punishment

23. Articles of the UCMJ General Articles: 1-77 Legal Proceedings, Applicability, Duties Article 15 - NJP Punitive Articles: 77-134 Article 79, 86, 89, 92, 113, 114, 118, 125, 133 Article 134

24. Courts-Martial Summary Jurisdiction: Only for enlisted minor offenses Convening Authority: Commanding Officer Composition: 1 Commissioned Officer Punishment: 1 month confinement Reduction in Rate Forfeiture of pay, Fines Restriction

25. Courts-Martial Special Jurisdiction: Officers and Enlisted - serious non-capital offenses Convening Authority: Commanding Officer of any ship, shipyard, base or station

26. Courts-Martial Special Composition: Military Judge and not less than three members Only Judge, if requested Defense and Trial Counsel Appointed Enlisted may request 1/3 members be enlisted, from another command Court hears evidence and votes on findings

27. Courts-Martial Special Punishment - Same as Summary plus: Confinement with hard labor for 6 months 6 months forfeiture of 2/3 pay Dishonorable Discharge

28. Courts-Martial General Jurisdiction: Normally Officers, and for Capital Offenses Convening Authority: President, SECNAV, CINC of Fleet Composition: Military Judge and not less than 5 members Military Judge only, if requested and non-capital Defense and Trial Counsel Appointed Enlisted may request 1/3 members be enlisted, from another command

29. Courts-Martial General Punishment: Confinement at hard labor Total forfeiture of pay Dishonorable Discharge Officer Dismissal Life imprisonment Death Penalty

30. SECNAV Standards and Rules of Conduct Bedrock Standards of Conduct for Navy Personnel