The main purpose of the Military Justice System is to provide the commander with the necessary tools to ensure good order and discipline within the unit. The methods available to ensure good order and discipline are administrative measure, non-judicial punishment (NJP) for minor offenses and courts martial for criminal offenses such as murder or sexual assault. However, there are many ethical issues that will challenge commanders when it comes to the military justice system and punishment of an alleged offender. A commander is required to make critical recommendations and decisions that may end a Soldier’s career, military confinement or death. It is also important to remember that the decision by the commander could possibly cause immeasurable
a. Military authority is exercised promptly, firmly, courteously and fairly. Commanders should consider administrative corrective measures before deciding to impose nonjudicial punishment. Trial by court-martial is ordinarily inappropriate for minor offenses unless lesser forms of administering discipline would be ineffective (see MCM, Part V, and chap 3, AR 27–10).
In February of 2008, I was sitting in a General Court Martial proceeding to defend myself against third-degree murder charges, which arose from a raid my platoon conducted in the rural areas outside of Kirkuk, Iraq. On the night of June 23, 2007, my Platoon Sergeant (PSG) shot and killed a detainee that we had captured early that evening. Realizing what he had just done, my PSG gave me an order that would eventually have me implicated in his crime. I was acquitted of the murder charges, but found guilty of assault through my own testimony. The fact of the matter is, I had a psychotic Platoon Sergeant; Trey Corrales was the walking definition of “Toxic Leadership.” Under the control of Trey Corrales, serving in this platoon was one of the
In America, we enjoy many freedoms: liberty, life, and the pursuit of happiness; these freedoms are often taken for granted by Americans. Many do not realize that these freedoms did not come with ease, nor do they remain without someone to protect them. America is truly the best nation because of the freedoms it grants to every citizen; without these fundamental ideas, America would not be what it is today. The branches of military have and continue to protect these freedoms. Military officers are the glue that holds each branch of military together, without them, the services would be in disarray. However, an officer must possess certain qualities that allow them to be a successful leader.
In fact, under Article 90, during times of war, a military member who willfully disobeys a superior commissioned officer can be sentenced to death.
For employees of the U.S Military including the air force, army, navy, marine and coastal guards, one can get tax advice and help from the free tax services provided by the Armed Forces Tax Council. These services are provided at different levels. If you are in the military or you are a veteran, you can find out more about these free services by enquiring from your local administrative office. Below is the structure of this free military tax service:
Criminal Justice System is a government system where it set the number of agencies and processes to enforce laws and punish those who broken the law. The system is composed of 3 main components Law enforcement, Courts, and Corrections. These main components make sure that all laws are enforced for the safety of the public and criminals who have been arrested can have a fair trial and punishment.
At the same time, members of congress and the American people are continuously given the impression that commanders make unethical decisions in by deciding whether to prosecute or to overturn a conviction. The recommendation to fix the root cause would to overhaul the Uniform Code of Military Justice. Commanders should retain jurisdiction over crimes that impact good order and discipline such as misdemeanor crimes where the service member can be rehabilitated such as disrespect, late for formation or petty theft and be advised by SJAs in the command. We also need to ensure that commanders do not become impartial when it comes to reprimanding the alleged offender. Felony crimes such as sexual assault, child pornography, murder, etc. – would be turned over to the proper authorities outside the chain of command and confined in a military prison should be prosecuted by trial lawyers as in the case of sexual assaults are
A prison has always been a place to imprison others, often to take criminals away from society. However, people do not know that a lot of these criminals have some mental health issues leading to their own mental destruction; they are ill. People with a mental disability have always been of great importance when talking about the Criminal Justice System. Mental health issues should protect someone from being convicted of a crime.
First, looking back at a Time Magazine article about the ninety-two Airmen involved in cheating scandal and I agree commanders must be held responsible, accountable and disciplined along with their subordinates. Next, I agree with The Armed Forces Officer definitions acknowledging our duties including taking responsibility, not shifting blame or accepting other's credit as my own, and following lawful orders as well as punishing those who fail to meet standards.4 In fact, I would argue that this risk could have mitigated if leaders were to adapt these three core concepts: responsibility, accountability, and discipline as part of their commander's responsibilities.
The criminal justice system serves a couple of purposes, it allows investigating and punishing of anyone that is committing a crime also, it protects the citizens and tries to detour the public from criminal activity. What is a crime? It can be anything from illegal gambling to a very serious matter all together such as murder. Our elected representatives and congress make decisions about acts that can be punished by government. For all this to run smoothly there are a couple of objectives that the criminal justice system follows.
What is the criminal justice system composed of? The criminal justice system is composed of law enforcement, courts, and corrections. Law enforcement is in charge of enforcing the laws set by the legislature. Courts determine if a law has been broken and punish the person who has broken the law. Corrections make sure the penalty the person gets is enforced.
Some people think that if men and women goes into the military that they will die, and that's understandable. Although military service can be risky, it is for a good cause, and the benefits, and the stuff they will learn outweigh the risks. One example, men and women will learn methods of fighting/self defence. Teenagers, and/or young adults should regulate a two year military service plain because, they can learn a bunch of things that will help them in the real world, and by being in the military teenagers will be more obedient, and not getting involved with drugs, or the wrong type of people.
Obedience is what enables the military to operate in an organized and effective manner which is clearly important during challenging situations. While an individual can question the notion of obedience in daily life, this luxury is not available in the military where the goals and objectives of the mission often require smooth internal functioning and coordination. Indeed, many of the standards that would be frowned upon outside the military are essential to the work's success within. For example, punishment is not deemed to be a positive occurrence in an average person’s life, whereas the Army doctrine maintains that “punishment strengthens determination and discipline and enables a person to learn and fully take the importance of following orders upon them selves”. The act of disobedience is considered to be an infraction and the soldier who placed himself in such a situation can find himself facing Article 15 charges. Thus, respect and obedience are of the utmost significance in the military as it helps maintain the internal stability and enables the military therefore to carry out its operations in confidence.
The criminal justice system is a virtuous system. Its purpose is to prevent crime and to create a peaceful society. We acknowledge our rights from wrongs, we punish those who do in the wrong and not tolerate the bad actions of others. On the other hand, the system could be a bad thing because things aren’t always equal or people have different perspectives. Such as race, laws, and people. Perspectives on the hand meaning that everyone sees things in their own point of view. The police officers that we hold trust in are not always the ones to trust. The laws that we abide by can be corrupt or not easy to want to follow, such as prosecuting the wrong people for crimes that they did not commit. With the help of our law enforcements, courts,
The military justice system derives its authority from three sources, The Uniform Code of Military Justice, The Manual for Courts Martial, and Army Regulation 27-10. The UCMJ is federal law and forms the base of the military justice system. The UCMJ determines what is to be considered criminal conduct and establishes the various types of courts, and establishes the procedures to be followed in the carrying out of military justice. (FM 27-1, 1992, pg. 1-1)