Uniform Code of Military Justice Term Paper

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Pre-trial and Trial

Charges and specifications shall be entered by the person making them under oath (Air War College 2005). The accused may not be compelled to incriminate himself by answering any incriminatory questions. An investigation shall be conducted and include an inquiry into the truth of the charges, a consideration of the form of charges, and a recommendation of the disposition of the case. Within eight days, the charges shall be forwarded to the officer with general court-martial jurisdiction. The convening authority shall refer this to his staff judge advocate for consideration and advice (Air War College).

The trial procedure shall include sessions, continuances, challenges, oaths, statute of limitations, former jeopardy, pleas of the accused, his opportunity to obtain witnesses and other evidence, a refusal to appear or testify, contempt's, depositions, admissibility of records of courts of inquiry, voting and rulings, the required number of votes, the announcement of action by the court and the court's record of trial (Air War College 2005)

Sentencing

This prohibits punishment by flogging, branding, marking, tattooing on the body or any other cruel or unusual punishment (Air War College 2005). Neither may it exceed the limits set by the President for that offense. The effective date may not extend to any pay or allowances before the date on which the sentence is approved. Confinement may be in imposed or enforced in any place under the control of any of the armed forces or in any penal or correctional institution under the control of the United States (Air War College).

Discharge

A commissioned who seeks trial by court-martial for having been wrongfully dismissed shall be granted that trial on the charges on which he was dismissed (Air War College 2005). If the court martial acquits him or if the sentence adjudged does not include dismissal or death, the Secretary of Defense shall substitute a form of discharge for the dismissal (Air War College 2005). If a general court-martial does not convene within six months from the preparation of an application for trial, the Secretary shall make the substitution.

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If the officer is discharged from any armed forces by administrative action or is dropped from the rolls by order of the President, however, he shall have no right to trial (Air War College).

Conclusion: How Just is the UCMJ?

Navy/Marine Corps Judge Advocate General spokeswoman Carolyn Alison commented to media that no statistics on the rate of military convictions were kept but that there are more safeguards in place for the defendant than there are in civilian courts (O'Meara 2001). An overview of the Code stressed the purpose of military law as the promotion of efficiency and effectiveness in the military. This is to insure the national security of the United States. The JAG said that the military system is specifically tailored for the armed forces and that it balances constitutional guarantees and fairness with the needs for proper order and discipline. She then said that those subject to military law did not have the same constitutional guarantees given under civilian law where justice is the objective. Critics observed that the military system of justice is broken down and that it is ironic and tragic that those who are sworn to protect the Constitution were often deprived of basic Constitutional rights. She also felt that court-martials are out of control. There are approximately 10,000 or more of these each year. This situation, the 98% conviction rate, the reality of untrained and understaffed defense attorneys and blatant command influence altogether were serious problems confronted by military personnel who confront the military rule of law (O'Meara).#

BIBLIOGRAPHY

Air War College (2005). Uniform code of military justice. Approximately 45 web pages. Air University. Retrieved May 11, 2007 from http://www.au.af.mil/au/awcgate/ucmj.htm

Ohman, M. (2005). Integrating title 18 war crimes into title 10. 107 pages. Air force Law Review: U.S. Air Force Academy Department of Law, Winter 2005

O'Meara, K.P. (2001). How just is our military justice? 4 pages. Insight on the News: News….....

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