UCMJ

1. PURPOSE OF THE UCMJ: The UCMJ is the military version of civilian criminal law and it governs the actions of personnel within the military establishment. The purpose of the UCMJ is to ensureorder and to provide a means of adjudicating infractions of the law.

a. Article 2 of the UCMJ lists the persons who are subject to the Uniform Code of Military Justice. The UCMJ applies to all members of the armed forces to uphold the UCMJ. All military law enforcement officials, commissioned, warrent, petty, and non-commissioned officers may apprehend violators. Obedience to military law is the responsibility of every Marine.

b. procedural and punitive Articles. The 146 articles of the UCMJ are divided into two different types of articles: Procedural and punitive.

(1) Procedural. Articles 1-76 and articles 135-146 are articles of the UCMJ that are concerned mainly with the procedure and administration of the UCMJ.

(2) Punitive. Articles 77-134 are called the punitive articles. They are crimes for which you may be punished if you are found guilty of violating them. Some are crimes that are also recognized as such under civilian law, while others are strictly military offenses.

2. COMMON OFFENSEs PUNISHABLE UNDER THE UCMJ.

Article 86 Absence Without Leave.

Article 89 Disrespect Toward a Superior Commissioned Officer.

Article 90 Assaulting or Willfully Disobeying a Superior Commissioned Officer.

Article 91 Insubordinate Conduct Toward a Warrant officer, NCO or Petty Officer.

Article 121 Larceny and wrongful Appropriation.

Article 128 Assault.

Article 134 General Article

3. PUNISHMENTS UNDER THE UCMJ:

4. THREE TYPES OF COURTS-MARTIAL:

  1. SUMMARY COURT-MARTIAL
  2. SPECIAL COURT-MARTIAL
  3. GENERAL COURT-MARTIAL

5. RIGHTS BEFORE JUDICIAL AND NONJUDICIAL PROCEEDINGS.

a. Article 31, which is entitled "Compulsory Self Incrimination Prohibited"

b. The rights of the afforded under Article 31

  1. Innocent until proven guilty
  2. Right to Remain Silent
  3. Being represented by a lawyer
  4. Being protected from double jeopardy
  5. Calling witnesses on your behalf
  6. Having your sentence reviewed
  7. Having a speedy trial
  8. Being informed of all charges against you
  9. Having the assistance of an interpreter
  10. Being protected against illegal searches and seizures
  11. Challenging members of the court
  12. Having enlisted representation on special and general courts-martial
  13. Being tried by a military judge alone

c. RIGHTS BEFORE NON-JUDICIAL PROCEEDINGS

  1. Be informed of charges against you
  2. Be accompanied by a spokesperson
  3. Be informed of evidence against you
  4. Be allowed to examine witnesses
  5. Present matters in extenuatin and mitigation
  6. Have witnesses present
  7. Have preceedings open to the public

6. Article 15 Non-Judicial Punishment "NJP"

7. TYPES OF DISCHARGES:

a. NON-PUNITIVE

  1. Honerable Discharge
  2. General Discharge
  3. General Discharge Under Other Than Honerable Conditions

b. PUNITIVE:

  1. Bad Conduct Discharge
  2. Dishonerable Discharge

All the above came from Recruit General Military Subjects