Uniform Code of Military Justice
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The Uniform Code of Military Justice (UCMJ, 64 Stat. 109, ) is the foundation of military law in the United States.
Contents |
[edit] History
On June 30, 1775, the Second Continental Congress established 69 Articles of War to govern the conduct of the Continental Army. On April 10, 1806, the first United States Congress enacted 101 Articles of War (which applied to both the Army and the Navy), which were not significantly revised until over a century later. The military justice system continued to operate under the Articles of War until May 31, 1951, when the Uniform Code of Military Justice went into effect.
The UCMJ was passed by Congress on 5 May 1950, signed into law by President Harry S. Truman, and became effective on 31 May 1951. The word "Uniform" in the Code's title refers to the congressional intent to make military justice uniform or consistent among the armed services.
The UCMJ is found in Title 10, Subtitle A, Part II, Chapter 47 of the United States Code. The current version is printed in the latest version of the Manual for Courts-Martial (2005). Its subchapters are as follows:
| Subchapter | Title | Section | Article |
|---|---|---|---|
| I | General Provisions | 801 | 1 |
| II | Apprehension and Restraint | 807 | 7 |
| III | Non-Judicial Punishment | 815 | 15 |
| IV | Courts-Martial Jurisdiction | 816 | 16 |
| V | Composition of Courts-Martial | 822 | 22 |
| VI | Pre-Trial Procedure | 830 | 30 |
| VII | Trial Procedure | 836 | 36 |
| VIII | Sentences | 855 | 55 |
| IX | Post-Trial Procedure and Review of Courts Martial | 859 | 59 |
| X | Punitive Articles | 877 | 77 |
| XI | Miscellaneous Provisions | 935 | 135 |
| XII | Court of Military Appeals | 941 | 141 |
[edit] General Provisions
Subchapter I, "General Provisions" has six sections (articles):
| Section | Article | Title |
|---|---|---|
| 801 | 1 | Definitions |
| 802 | 2 | Persons subject to this chapter |
| 803 | 3 | Jurisdiction to try certain personnel |
| 804 | 4 | Dismissed officer's right to trial by court-martial |
| 805 | 5 | Territorial applicability of this chapter |
| 806 | 6 | Judge advocates and legal officers |
| 806a | 6a | Investigation and disposition of maters pertaining to the fitness of military judges |
Article 1, "definitions," defines terms used in the rest of the UCMJ: Judge Advocate General, "Navy," "Marine Corps," "Coast Guard," "officer in charge," "superior commissioned officer," "cadet," "midshipman," "military," "accuser," "military judge," "law specialist," "legal officer," "judge advocate," and "record."
Subchapter X, "Punitive Articles," is the subchapter that details offenses under the uniform code:
- § 877, Article 77. Principals
- § 878, Article 78. Accessory after the fact
- § 879, Article 79. Conviction of lesser included offense.
- § 880, Article 80. Attempts
- § 881, Article 81. Conspiracy
- § 882, Article 82. Solicitation
- § 883, Article 83. Fraudulent enlistment, appointment, or separation
- § 884, Article 84. Unlawful enlistment, appointment, or separation
- § 885, Article 85. Desertion
- § 886, Article 86. Absence without leave
- § 887, Article 87. Missing movement
- § 888, Article 88. Contempt toward officials
- § 889, Article 89. Disrespect toward superior commissioned officer
- § 890, Article 90. Assaulting or willfully disobeying superior commissioned officer
- § 891, Article 91. Insubordinate conduct toward warrant officer, noncommissioned officer, or petty officer
- § 892, Article 92. Failure to obey a lawful order or regulation
- § 893, Article 93. Cruelty and maltreatment
- § 894, Article 94. Mutiny or sedition
- § 895, Article 95. Resistance, flight, breach of arrest, and escape
- § 896, Article 96. Releasing prisoner without proper authority
- § 897, Article 97. Unlawful detention
- § 898, Article 98. Noncompliance with procedural rules
- § 899, Article 99. Misbehavior before the enemy
- § 900, Article 100. Subordinate compelling surrender
- § 901, Article 101. Improper use of countersign
- § 902, Article 102. Forcing a safeguard
- § 903, Article 103. Captured or abandoned property
- § 904, Article 104. Aiding the enemy
- § 905, Article 105. Misconduct as prisoner
- § 906, Article 106. Spies
- § 906a, Article 106a. Espionage
- § 907, Article 107. False official statements
- § 908, Article 108. Military property of United States—Loss, damage, destruction, or wrongful disposition
- § 909, Article 109. Property other than military property of United States—waste, spoilage, or destruction
- § 910, Article 110. Improper hazarding of vessel
- § 911, Article 111. Drunken or reckless operation of a vehicle, aircraft, or vessel
- § 912, Article 112. Drunk on duty
- § 912a, Article 112a. Wrongful use, possession, etc., of controlled substances
- § 913, Article 113. Misbehavior of sentinel
- § 914, Article 114. Dueling
- § 915, Article 115. Malingering
- § 916, Article 116. Riot or breach of peace
- § 917, Article 117. Provoking speeches or gestures
- § 918, Article 118. Murder
- § 919, Article 119. Manslaughter
- § 920, Article 120. Rape and carnal knowledge
- § 921, Article 121. Larceny and wrongful appropriation
- § 922, Article 122. Robbery
- § 923, Article 123. Forgery
- § 923a, Article 123a. Making, drawing, or uttering check, draft, or order without sufficient funds
- § 924, Article 124. Maiming
- § 925, Article 125. Sodomy
- § 926, Article 126. Arson
- § 927, Article 127. Extortion
- § 928, Article 128. Assault
- § 929, Article 129. Burglary
- § 930, Article 130. Housebreaking
- § 931, Article 131. Perjury
- § 932, Article 132. Frauds against the United States
- § 933, Article 133. Conduct unbecoming an officer and a gentleman
- § 934, Article 134. General article. Includes offenses that are not specifically listed in the Manual for Courts-Martial and which may "cause disorder and neglect to the prejudice of good order and discipline in the armed forces, or conduct of a nature to bring discredit upon the armed forces." Article 134 is often considered to be a "catch-all" for various offenses that aren't necessarily covered by the other articles in the UCMJ. Article 134 offenses include disloyal statements, unclean equipment, improper wear of military uniform, abuse of public animals, adultery, bigamy, bribery, fraternization, et al.
[edit] Reference
DA Pam 27-9 Military Judges Benchbook (.PDF)
