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Topic: UCMJ

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	law.com - Decision
		Pursuant to UCMJ Article 32, 10 U.S.C. s 832, an Army investigation of allegations of sexual harassment and assault by six female military personnel resulted in McKinney's being court martialed.
		United States, 51 M.J. Pursuant to UCMJ Article 69, 10 U.S.C. s 869(a), the Commander for the Military District of Washington affirmed the findings and sentence and forwarded the record of the trial to the Judge Advocate General for review.
		UCMJ Article 69 provides that a soldier who is convicted during a general court martial and sentenced to less than one year of confinement is entitled to an automatic review of the record of the trial by the Judge Advocate General, unless the soldier affirmatively waives review.
	www.law.com /jsp/decisionstate.jsp?id=1022954307200 (1872 words)

	FM 19-10 Chptr 5 Having Authority and Jurisdiction
		Persons not subject to the UCMJ who are found committing a felony or a misdemeanor amounting to a breach of the peace on a military reservation may be apprehended and detained long enough to be turned over to civil authorities.
		Civilians not subject to the UCMJ may be cited for violations of the Assimilative Crimes Act not amounting to felonies or breaches of the peace (such as fishing without a valid permit) and referred to a US magistrate.
		Civilians not subject to the UCMJ may be subject to military authority in situations involving martial law or hostilities.
	www.globalsecurity.org /military/library/policy/army/fm/19-10/Ch5.htm (4913 words)

	Constitutional Topic: Military Justice - The U.S. Constitution Online - USConstitution.net
		The UCMJ defines crimes that are the same as those in civilian courts, such as murder, rape, and robbery.
		The UCMJ was first established in 1950, and underwent a major revision in 1968.
		Military law did not suddenly spring into existence in 1950, but the UCMJ was the first attempt to turn the existing law into a comprehensive code.
	www.usconstitution.net /consttop_milj.html (2900 words)

	Recruit Knowledge
		The purpose of the UCMJ is to promote good order and discipline within the military service by governing the conduct of service members.
		The UCMJ is the military version of civilian criminal law and it governs actions of personnel within the military establishment.
		The UCMJ provides limitations of sentences based on the nature of the crime, the form of adjudication (NJP/Court-Martial), and the position/rank of the individual awarding the punishment.
	www.recruitknowledge.com /pages/gms/ucmj.htm (2261 words)

	FCLR: Military Tribunals, the Constitution, and the UCMJ -- © 2002 FMJA
		The Order also conflicted with the UCMJ in a vital particular--it provided for a death sentence on the vote of two-thirds of the military tribunal, whereas the UCMJ requires unanimity for a death sentence in a general court-martial.
		The UCMJ does not mandate that courts-martial be conducted at or near the scene of the crime.
		The Secretary's Order, which incorporates UCMJ procedures, is a vital improvement but complicated questions persist; for example, application of traditional constitutional guarantees in criminal trials to the procedures of the trials in the tribunals.
	www.fclr.org /Articles/2002fedctslrev3(noframes).htm (8155 words)

	[No title]
		Pursuant to UCMJ Article 32, 10 U.S.C. s 832, an Army investigation of allega- tions of sexual harassment and assault by six female military personnel resulted in McKinney's being court martialed.
		UCMJ Article 69 provides that a soldier who is convicted during a general court martial and sentenced to less than one year of confinement is entitled to an automat- ic review of the record of the trial by the Judge Advocate General, unless the soldier affirmatively waives review.
		Con- gress has provided a separate justice system in the UCMJ for military personnel and it has expressly determined that "courts martial" are not to be subject to APA review.
	pacer.cadc.uscourts.gov /common/opinions/200206/01-5172a.txt (1993 words)

	[No title]
		Seaman Burge owes his freedom to the UCMJ, but his case also illustrates one of the oft-touted benefits of the modern military justice system: its ability to travel with American forces anytime, anyplace.
		The UCMJ created a myriad of previously nonexistent procedural safeguards for accused persons as well as new Boards of Review in Washington, D.C., with senior military attorneys given broad powers to review court-martial cases.
		As demonstrated by the Princeton court-martial, the UCMJ permits justice to be served in any location where the President sends our armed forces — with a review process strong enough to deflect command influence and prevent miscarriages of justice.
	www.princeton.edu /~lawjourn/Fall98/kornblum.html (2157 words)

	Courts-Martial Explained - Military Benefits - Military.com
		The Uniform Code of Military Justice (UCMJ) provides for three different types of courts-martial: summary, special, and general.
		A special court-martial consists of not less than three members and a military judge, or an accused may be tried by military judge alone upon request of the accused.
		A general court-martial consists of not less than five members and a military judge, or an accused may be tried by military judge alone upon request of the accused.
	www.military.com /benefits/legal-matters/courts-martial (345 words)

	US CODE--TITLE 10--APPENDIX (Site not responding. Last check: 2007-09-20)
		Cases under Article 67(a)(1), UCMJ, 10 USC § 867(a)(1) (1989), will be forwarded by a Judge Advocate General by the filing of the record with the Court, together with the form prescribed by Rule 23(a).
		If it appears that such petition is not in accord with Article 67, UCMJ, 10 USC § 867 (1989), or with the Court's rules, the United States may move to dismiss such petition.
		Good cause must be shown by the appellant in the supplement to the petition, which shall state with particularity the error(s) claimed to be materially prejudicial to the substantial rights of the appellant.
	www.access.gpo.gov /uscode/title10a/10a_1_4_.html (2838 words)

	UCMJ
		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.
		Articles 1-76 and articles 135-146 are articles of the UCMJ that are concerned mainly with the procedure and administration of the UCMJ.
	members.tripod.com /michaeltodd83/ucmj.html (236 words)

	Gunny G's Old Salt Marines Tavern
		Bob Springer, USAF (ret.), Pinehurst, N.C. Frederick W. Kagan responds: I readily acknowledge that I erred in stating that retired officers are not subject to the UCMJ.
		The key phrase is "entitled to pay." If you resign from the military, and thus give up all retirement pay and benefits, you're free from the clutches of military law.
		The military's Manual for Courts-Martial, the implementing document for the UCMJ, could be read as strengthening Rumsfeld's case against his critics, in two ways.
	network54.com /Forum/135069/message/1147609477/Retired+...+the+UCMJ.... (1963 words)

	FCLR: Jurisdiction to Try Violations of the Laws of War -- © 2005 FMJA
		Today, the UCMJ is the statutory foundation of the courts-martial system used to prosecute members of the U.S. Armed Forces and certain others for crimes committed while a part of or connected to the Armed Forces.
		Acknowledging this constitutional limitation, Congress, in 18 U.S.C.S., specifically established a process allowing certain district courts to hear cases where the offense did not occur in any federal district; a process based on either the district in which the offender is first returned to after arrest overseas or on his or her last known address.
		While the UCMJ grants courts-martial the jurisdiction to try all violators of the laws of war (regardless of nationality or location), this provision has never been applied so it is not clear whether that grant is triggered by Presidential decree, a congressional declaration of war, or the existence of a de facto armed conflict.
	www.fclr.org /Articles/2005fedctslrev4(noframes).htm (15286 words)

	Punitive Articles of UCMJ
		Articles 77 through 134 of UCMJ are referred to as punitive articles, which as a whole, cover almost any offense or crime that can be committed.
		Then we defined apprehension and covered articles 7 through 14 of the UCMJ, which are the basis of "the law" as it relates to the authority for different types of custody.
		The fifth amendment to the Constitution and UCMJ Article 31 were also discussed.
	www.tpub.com /maa/26.htm (319 words)

	Soldier On Point - Legal & UCMJ
		Article 86 of the Uniform Code of Military Justice (UCMJ), 10 U.S.C. 886, makes it a crime to fail to go to one's appointed place of duty at the time prescribed, to leave one's place of duty, or to be absent from one's unit without authority.
		To make a long story short, the UCMJ applies to every military member, 24 hours a day no matter where they are.
		Article 31 of the UCMJ, 10 U.S.C. 831, requires a rights warning before any military suspect is interrogated - regardless of whether the interrogation is custodial in nature.
	soldieronpoint.com /S1-Legal_&_UCMJ.htm (1419 words)

	Fact Sheet: The Administration's Legislation to Create Military Commissions
		The Administration has carefully reviewed the procedures of the UCMJ and adopted or adapted certain UCMJ articles that would be appropriate for these military commissions.
		The proposed procedures for military commissions would be separate from the UCMJ provisions for courts-martial of U.S. service members, with separate implementing rules.
		However, the Miranda-type rights provided in the UCMJ are broader than the civilian rule and could impede or limit the collection of intelligence during the interrogation of terrorist detainees.
	www.whitehouse.gov /news/releases/2006/09/20060906-6.html (1965 words)

	Any JAG types out there? Could a soldier under UCMJ Say What Durbin Did? - Sean Hannity Discussion
		I just heard a serviceman on Sean's show bring that up and thought it ironic that he is trying to stand by a statement that would get a serviceperson prosecuted under the UCMJ.
		If anyone under UCMJ said stuff like that, they'd be put in jail forthwith.
		That would be Article 134, UCMJ, the General Article, Conduct Prejudicial to good order and discipline.
	www.hannity.com /forum/showthread.php?t=12444 (396 words)

	POLICE Briefings - Is the USCG subject to the UCMJ? (Site not responding. Last check: 2007-09-20)
		Members of the USCG are subject to the UCMJ, but not the Posse Comitatus Act.
		As near as I can tell, they are only subject to the UCMJ while serving with the military as a military unit.
		We take the same oath as any other member of the Armes Services, fall under the same Geneva Conventions Category, and all of our rates and ranks are recgonized by the other services (and we recgonize theirs).
	www.policemag.com /forum/topic.asp?TOPIC_ID=1068 (997 words)

	The Articles of War and the UCMJ - widespread court martial cases in World War II led to the enactment of the Uniform ...
		In addition to concerning themselves with the UCMJ, service members who leave the boundaries of the United States must not only understand the UCMJ but also familiarize themselves with the laws of foreign countries and of the international community.
		It would be pure speculation to ask whether Lieutenants Sincock and Balides would be court-martialed under the UCMJ for the bombing of Zurich and the resultant deaths of innocent civilians.
		Military members are afforded a qualified defense counsel free of charge in all special and general courts-martial, whereas civilians are provided counsel free of charge only when their financial situation is such that it warrants it.
	www.findarticles.com /p/articles/mi_m0ICK/is_3_14/ai_68507686 (1096 words)

	Vortices Fall 2000 (Site not responding. Last check: 2007-09-20)
		This year, we celebrate the 50th anniversary of the UCMJ, a system that balances the need of the commander to ensure good order and discipline in the armed forces and the American traditions of due process and fairness.
		Just as the UCMJ protects the rights of members of the armed forces, it is also a tool for the commander to ensure discipline and obedience of lawful orders.
		The commander is inextricably involved in the military justice system and the needs of the military, and the accused are better served by his or her involvement.
	www.airpower.maxwell.af.mil /airchronicles/apj/apj00/fal00/turner.htm (5072 words)

	U.S. v. Tualla
		The President is authorized to establish the maximum punishment for offenses under the UCMJ, subject to limitations in the Code applicable to specific offenses and types of courts-martial.
		We have considered the proposition advanced by the court below that a prohibition on the combination of fines and forfeitures by special courts-martial is required by the enactment of Article 58b, UCMJ, 10 USC § 858b.
		Under Article 58b, even if forfeitures are not imposed by a special court-martial, the servicemember is required to forfeit two-thirds of pay due during a period of confinement when the sentence includes a bad-conduct discharge, subject to statutory exceptions.
	www.armfor.uscourts.gov /opinions/2000Term/99-5002.htm (2928 words)

	United Federated Planets Uniform Code of Military Justice
		Articles 77 through 134 of the UCMJ are known as the "punitive offenses," -- that is, specific offenses which, if violated, can result in punishment by court-martial.
		The law authorizes the Commander-in-Chief (The President of the United Federated Planets) to implement the provisions of the UCMJ.
		The Text: This is the exact text of the article, as Congress approved it in the UCMJ.
	www.ufphq.com /mc_ucmj.htm (12917 words)

	Balkinization
		The UCMJ is a federal statute that prohibits U.S. armed forces from, among other things, engaging in cruelty, oppression or maltreatment of prisoners (art.
		These legal understandings of the UCMJ continued into the spring of 2003, as the DoD was producing its comprehensive Working Group Report.
		It had in its back pocket, however, the legal immunity conferred by the Department of Justice's authoritative legal opinion that the President has the absolute authority, pursuant to his Commander-in-Chief power, to determine "what methods to use to best prevail against the enemy," notwithstanding any statutory restrictions that Congress may have imposed.
	balkin.blogspot.com /2005/06/gtmo-where-was-law-whither-ucmj.html (1572 words)

	Duck soup: recent developments in substantive criminal law Army Lawyer - Find Articles
		First, the article addresses three legislative amendments to the UCMJ: the enactment of a new article punishing offenses against an unborn child; (5) the extension of the statute of limitations for child abuse crimes; (6) and the modification of the crime of drunken driving.
		(18) The Act created a new punitive UCMJ article--the first enumerated offense added by Congress in almost two decades--which will have a significant impact on certain prosecutions under the military justice system.
		In November 2003, Congress passed the National Defense Authorization Act for Fiscal Year 2004, which amended two existing UCMJ articles.
	findarticles.com /p/articles/mi_m6052/is_2004_July/ai_n6212755 (715 words)

	181-101-1013 (SL1) - Comply With the Uniform Code of Military Justice (UCMJ) (ArmyStudyGuide.com)
		He understood the potential ramifications for violating the UCMJ, the commander's disciplinary options, and his legal rights in these proceedings.
		Describe the UCMJ and identify to whom it applies.
		Describe the requirement and procedures typically used to notify the accused of the charges as soon as possible after preferral.
	www.armystudyguide.com /content/SMCT_CTT_Tasks/Skill_Level_1/1811011013-sl1-comply-wit.shtml (1650 words)

	181-101-2023 (SL2) - Enforce the Uniform Code of Military Justice (UCMJ) (ArmyStudyGuide.com)
		Identified potential violations of the UCMJ and expeditiously reported them to the appropriate authorities for investigation and processing.
		You are responsible for identifying potential violations of the UCMJ and expeditiously reporting them to the appropriate authorities for investigation and processing.
		Tell the soldier that he will also be evaluated on his ability to understand the military justice system, including the UCMJ; the disciplinary options available to a commander; and the ability to identify potential violations of the UCMJ and expeditiously report them to the appropriate authorities for investigation and processing.
	www.armystudyguide.com /content/SMCT_CTT_Tasks/Skill_Levels_2_4/1811012023-sl2-enforce-th.shtml (1262 words)

	Troops Say Proposed UCMJ Change Unfair in Prostitution-Legal Germany
		This article is provided courtesy of Stars and Stripes, which got its start as a newspaper for Union troops during the Civil War, and has been published continuously since 1942 in Europe and 1945 in the Pacific.
		Military personnel and their families on Rhein Main Air Base, only minutes from one of the largest red light districts in the world, are angered by the Department of Defense announcement to change the UCMJ.
		Those interviewed largely agree that Germany is not the place to enforce such a law.
	www.military.com /NewContent/0,13190,SS_092704_Germany,00.html (854 words)

	Amazon.com: UCMJ (Site not responding. Last check: 2007-09-20)
		The articles of war and the UCMJ: An article from: Aerospace Power Journal by Lisa L Turner (Dec 31, 2000)
		New developments in the law of discovery: When is late too late, and does Article 46, UCMJ, have teeth?: An article from: The Army Lawyer by Christina E Ekman (May 31, 2002)
		You can't violate the UCMJ or regulations, policies, and SOP...
	www.amazon.com /s?ie=UTF8&keywords=UCMJ&tag=acronymfinder-20&index=blended&link_code=qs&page=1 (879 words)

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