Unlawful command influence

Unlawful command influence or UCI is a legal concept within American military law. UCI occurs when a commander pressures—or even appears to pressure—military judicial proceedings. Military commanders typically exert significant control over their units, but under the Uniform Code of Military Justice (UCMJ) a commander must take a detached, quasi-judicial stance towards certain disciplinary proceedings such as a court martial. If UCI has occurred, the results of a court martial may be legally challenged and in some cases overturned.

History

During World War II, mass mobilization resulted in an unprecedented proportion of the US population serving in the armed forces. As a result, a large portion of the population was exposed to military justice, then governed according to the Articles of War. Over 2 million courts martial were performed under the Articles of War.[1] The reaction was not positive. The public and Congress perceived the Articles of War to grant too much authority to commanders, with harsh and arbitrary results.[2] Congress enacted the UCMJ to engraft civilian forms of due process into the military justice system, while at the same time maintaining the unique authority of the commander.[3]

Under the new system, commanders retain significant formal powers over the military justice system. They refer charges to courts martial, choose from among their subordinates to be members of the panel (the jury), and can authorize or waive entirely the punishment adjudged at trial. However, courts martial are now presided over by military judges, and commanders are specifically directed to remain detached from the proceedings through Article 37 of the UMCJ.

Article 37

Article 37 of the UCMJ addresses unlawful command influence directly. It states, in part:

(a) No authority convening a general, special, or summary court-martial, nor any other commanding officer, may censure, reprimand, or admonish the court or any member, military judge, or counsel thereof, with respect to the findings or sentence adjudged by the court, or with respect to any other exercises of its or his functions in the conduct of the proceedings. No person subject to this chapter may attempt to coerce or, by any unauthorized means, influence the action of a court-martial or any other military tribunal or any member thereof, in reaching the findings or sentence in any case, or the action of any convening, approving, or reviewing authority with respect to his judicial acts.

References

  1. ↑ Cooke, John S. (September 2000). "Fiftieth Anniversary of the Uniform Code of Military Justice". Military Law Reivew 165 (Symposium Issue): 6. Retrieved 8 Feb 2015.
  2. ↑ Cooke, John S. (September 2000). "Fiftieth Anniversary of the Uniform Code of Military Justice". Military Law Reivew 165 (Symposium Issue): 6. Retrieved 8 Feb 2015. The system appeared harsh and arbitrary, with too few protections for the individual and too much power for the commander.
  3. ↑ Cooke, John S. (September 2000). "Fiftieth Anniversary of the Uniform Code of Military Justice". Military Law Reivew 165 (Symposium Issue): 9. Retrieved 8 Feb 2015. The new system retained many features of the old, including considerable authority for the commander, but attempted to limit the commander’s authority and to balance it with a system of somewhat independent courts and expanded rights for service members.