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Naval Science 402 Leadership and Ethics

Naval Science 402 Leadership and Ethics. Senior Seminar #1 Introduction to Military Justice and Discipline. Objectives. Comprehend the purpose, scope and constitutional basis of US Navy Regulations and the UCMJ and relate these regulations to personal conduct in the military service.

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Naval Science 402 Leadership and Ethics

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  1. Naval Science 402Leadership and Ethics Senior Seminar #1 Introduction to Military Justice and Discipline

  2. Objectives • Comprehend the purpose, scope and constitutional basis of US Navy Regulations and the UCMJ and relate these regulations to personal conduct in the military service. • Comprehend junior officer roles and responsibilities relative to the military justice system and be aware of the essential publications relating to military justice.

  3. Objectives • Know how discipline and punishment differ. • Know the correct requirements for using Extra Military Instruction (EMI) at the division level.* • Be aware of administrative methods used to maintain good discipline.

  4. Purpose of Military Law … to promote justice, to assist in maintaining good order and discipline in the armed forces, to promote efficiency and effectiveness in the military establishment, and thereby to strengthen the national security of the United States. - MCM 2000

  5. Constitutional Basis

  6. Sources of Military / Naval Law Constitution • Uniform Code of Military Justice (UCMJ) • Manual for Courts-Martial (MCM, 2000) • Judge Advocate General Manual (JAGMAN) • Service Regulations • U. S. Navy Regulations (1990) • SORM, Local Directives, etc. • Court Reviews

  7. Military Crimes • Generally have no civilian equivalent. • Required by military necessity for good order and discipline. • Examples: • Absence (AWOL, desertion …) • Offenses against authority • Disrespect, orders violations • Dereliction of duty • Fraternization

  8. Military Justice Enacted by a variety of methods: • Administrative • Counseling, Evaluations, Loss of Privileges, etc. • Disciplinary • Nonjudicial Punishment • Criminal Procedures • Courts-Martial

  9. JudicialCourt MartialNonjudicialNJPNon PunitiveLetter Non recommendation Non advancementCounselingOne on one DirectionLeadershipPersonal ExampleGuidance Supervision

  10. The difference between Discipline and Punishment • Discipline • Voluntary compliance with naval standards of behavior. • … based on attitude; enforced by example, supervision, positive leadership. • Punishment • Failure of discipline. • Imposed with the objective of improving performance ( through punishing? ). • Legal requirements, restraints/constraints -- only the CO (or above) can impose.*

  11. Film Clip – Master and Commander

  12. Negative Factors Affecting Discipline • Lack of interest, leadership by seniors • Lack of information flow to subordinates • Slackness in command • Instability in day-to-day operations • Frequent changes • Transfers

  13. Military Court Appeals Process United States Supreme Court Court of Appeals (Armed Forces) Court of Criminal Appeals (Navy-Marine Corps) Court-Martial

  14. Non Punitive Administrative Measures • Extra Military Instruction • Administrative Withholding of Privileges • Nonpunitive Censure

  15. Extra Military Instruction* JAGMAN 0103 • Instruction imposed by officers / senior petty officers in a phase of military duty in which an individual is deficient. • Intended for and directed towards the correction of thatparticular deficiency. • Limitations • Conducted at a reasonable time outside normal working hours (CO must approve the after hours). • Max 2 hours/day, not on the member’s Sabbath. • Only as long as necessary. • Not used to deprive of liberty (not punishment).

  16. Rights Liberty Right to privacy Procedural rights Rights of the accused to know the offense To counsel To testify Privileges Special Liberty Exchange of Duty Special Command Programs Access to Base or Ship Libraries Base or Ship Movies Clubs Base Parking Rights and Privileges(Examples)

  17. Nonpunitive Censure • Not considered punishment. • Issued to remedy a noted deficiency in conduct or performance of duty. • Contents may include the following: • Identification of conduct or performance of duty deficiencies • Direction for improvement • Language of admonishment • Identification of sources of assistance • Outline of corrective action • Consequences of failing to correct the deficiencies.

  18. Questions ?

  19. Next class – The UCMJ and Navy Regulations Reading Assignment Naval Law: pages 18 and 19 MCM: Skim Appendix 2 Read Section IV, Article 92 ***Bring MCM to class***

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