Uniform Code Of Military Justice

1513 Words Dec 8th, 2014 7 Pages
Uniform Code of Military Justice The purpose of this paper is to research the Uniform Code of Military Justice (UCMJ) and related policies. This examination seeks to explore the various aspects UCMJ by looking into the elements of the Uniform Code of Military Justice and by addressing the following:
1. Uniform Code of Military Justice
2. Non Judicial Punishment
3. Three types of court martial
4. Different types of discharges
Understanding the needs of military families and the need to provide for each and every one of our service members includes researching the lifestyle and realities of the military culture. The Uniform Code of Military Justice is in effect the governing legal system for those serving in the military and understanding
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The jury then has the power to place a sentence within the range of severe to no punishment given, “except when a mandatory minimum sentence is required by the UCMJ” (Schmid, 2011). There is not a lot of instruction that is given out to those adjudicating the case, however, “The panel is instructed that the five reasons for sentencing are rehabilitation, punishment, protection of the wrongdoer and those who know of his crimes and his sentence from committing the same or similar offenses”(Schmid, 2011).
Court Martial
Courts-martial have exclusive jurisdiction over purely military offenses. In the case of an offense that violates the Uniform Code of Military Justice and the criminal law of a State, other Federal law, or all three, it must be determined which jurisdiction will prosecute (Karns, 2014). There are three types of courts-martial: summary, special, and general. The first of these known as the summary court martial is concerned with the types of misconduct that are considered minor in nature. If this is the case then usually one officer is involved and fills the role of a judge who is the advocate for the accused. In the military unlike civilian laws, “The accused must consent to be tried by a summary court-martial” (“Military Justice Fact Sheets”) and the penalty is not as severe as that of the other two types of court-martial.
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