Intro to Military Justice& Discipline

Objectives from reading & homework:

Comprehend the purpose, scope and constitutional basis of US Navy Regulations & the UCMJ and relate these regulations to personal conduct in the military service. Comprehend JO roles/responsibilities relative to the military justice system and be aware of the essential publications relating to military justice.Know how discipline and punishment differ. Know the correct requirements for using Extra Military Instruction (EMI).Be aware of administrative methods used to maintain good discipline.

Naval Law, 3rd EditionChapter 1: Background of Military Justice -16 Pages

Chapter 2: Fundamentals of Military Justice- 7 Pages

Are you ready to administer “justice…?”

Purpose of Military Law?

… to promote justice, to assist in maintaining good order and

discipline in the armed forces, to promote efficiency and

effectiveness in the military establishment, and thereby to

strengthen the national security of the United States.

- MCM 2008

Constitutional Basis

U C MJ

C ongres s

J A G MA N NA V R E G S

MC M

Pres ident

C ourt Dec is ions

Supreme C ourt

C onstitutio n

Sources of Military / Naval Law

Constitution

Uniform Code of Military Justice (UCMJ) Manual for Courts-Martial (MCM, 2008) Judge Advocate General Manual (JAGMAN) Service Regulations

U. S. Navy Regulations SORM, Local Directives, etc.

Court Reviews

Military Crimes

Generally have no civilian equivalent. Required by military necessity for good

order and discipline. Examples:

– Absence (AWOL, desertion …)– Offenses against authority

• Disrespect, orders violations

– Dereliction of duty– Fraternization

What does “discipline” mean?

Main Entry: 1dis·ci·pline Pronunciation: \di-sə-plən\ Function: noun Etymology:

Middle English, from Anglo-French & Latin; Anglo-French, from Latin disciplina teaching, learning, from discipulus pupil

Date: 13th century 1: punishment2: instruction3: a field of study4: training that corrects, molds, or perfects the mental faculties or

moral character5 a: control gained by enforcing obedience or order b: orderly or prescribed conduct or pattern of behavior c: self-control6: a rule or system of rules governing conduct or activity— dis·ci·plin·al \-plə-nəl\ adjective

The difference between Discipline & Punishment

Discipline– Voluntary compliance with naval standards of

behavior.– … based on attitude; enforced by example,

supervision, positive leadership. Punishment

– Failure of discipline.– Imposed with the objective of improving

performance ( through punishing? ).– Legal requirements, restraints/constraints --

only the CO (or above) can impose.*

Discipline and the Jr. Officer

Setting the Example Tools

– Recognition (verbal/awards)– Evaluations– Recommendations for advancement– Job assignments– Working hours

Investigations – NJP– JAGMAN

Leadership Personal ExampleGuidance Supervision (vice Micromanagement)

Counseling One on oneDirection

Leadership Personal ExampleGuidance Supervision

Non Punitive Letter Non recommendationNon advancement

Counseling One on oneDirection

Leadership Personal ExampleGuidance Supervision

From: Commanding Officer, USS JOHN QUINCY ADAMS (CV 11) To: CTOCS Michael Stipe, USN, 123-45-6789

Subj: NONPUNITIVE LETTER OF CAUTION

Ref: (a) Report of JAG Investigation of 7 Sep CY(b) JAGMAN, § 0105(c) R.C.M. 306(c)(2), Manual for Courts-Martial (1998 ed.)

1. Reference (a) is the record of investigation convened to inquire into the transmission of a certain message on board USS JOHN QUINCY ADAMS while you were SSES Assistant Division Officer.

2. The investigation disclosed that, as Assistant Division Officer, on 19 July CY, you participated in the writing and printing of a bogus message to perpetrate a joke against a chief petty officer stationed onboard USS JOHN QUINCY ADAMS. After printing and delivering a hard copy of the bogus message to the chief petty officer in question, you failed to ensure that the bogus message was completely deleted from the message database, resulting in the bogus message being transmitted to the Bureau of Naval Personnel. To compound the error, when you realized that the bogus message had been sent you did not notify your superiors but instead took steps to prevent their ever discovering your misconduct.

3. Your performance and judgment during this incident was substandard. As Assistant Division Officer, it was inappropriate for you to participate in the drafting of a bogus message on USS JOHN QUINCY ADAMS communications equipment. More critical, however, was your failure to notify your superiors about the incident. You are hereby administratively admonished for your actions on 19 July CY.

4. This letter, being nonpunitive in nature, is addressed to you as a corrective measure. It does not become a part of your official record. However, you are advised that, as Assistant SSES Division Officer, you are in a position of special trust. In the future, I expect you to exercise greater care in the performance of your duties in order to measure up to the high standards of USS JOHN QUINCY ADAMS. I trust the instructional benefit you receive from this experience will heighten your awareness of the extent of your responsibilities and help you become a more proficient Senior Chief Petty Officer.

E. D. BRICKELL

From: Commanding Officer, USS JOHN QUINCY ADAMS (CV 11) To: CTOCS Michael Stipe, USN, 123-45-6789

Subj: NONPUNITIVE LETTER OF CAUTION

Ref: (a) Report of JAG Investigation of 7 Sep CY(b) JAGMAN, § 0105(c) R.C.M. 306(c)(2), Manual for Courts-Martial (1998 ed.)

1. Reference (a) is the record of investigation convened to inquire into the transmission of a certain message on board USS JOHN QUINCY ADAMS while you were SSES Assistant Division Officer.

2. The investigation disclosed that, as Assistant Division Officer, on 19 July CY, you participated in the writing and printing of a bogus message to perpetrate a joke against a chief petty officer stationed onboard USS JOHN QUINCY ADAMS. After printing and delivering a hard copy of the bogus message to the chief petty officer in question, you failed to ensure that the bogus message was completely deleted from the message database, resulting in the bogus message being transmitted to the Bureau of Naval Personnel. To compound the error, when you realized that the bogus message had been sent you did not notify your superiors but instead took steps to prevent their ever discovering your misconduct.

3. Your performance and judgment during this incident was substandard. As Assistant Division Officer, it was inappropriate for you to participate in the drafting of a bogus message on USS JOHN QUINCY ADAMS communications equipment. More critical, however, was your failure to notify your superiors about the incident. You are hereby administratively admonished for your actions on 19 July CY.

4. This letter, being nonpunitive in nature, is addressed to you as a corrective measure. It does not become a part of your official record. However, you are advised that, as Assistant SSES Division Officer, you are in a position of special trust. In the future, I expect you to exercise greater care in the performance of your duties in order to measure up to the high standards of USS JOHN QUINCY ADAMS. I trust the instructional benefit you receive from this experience will heighten your awareness of the extent of your responsibilities and help you become a more proficient Senior Chief Petty Officer.

E. D. BRICKELL

Nonjudicial NJP

Non Punitive Letter Non recommendationNon advancement

Counseling One on oneDirection

Leadership Personal ExampleGuidance Supervision

Judicial Courts Martial

Nonjudicial NJP

Non Punitive Letter Non recommendationNon advancement

Counseling One on oneDirection

Leadership Personal ExampleGuidance Supervision

Military Court Appeals Process

Court-MartialCourt-Martial

Court of Criminal AppealsCourt of Criminal Appeals(Navy-Marine Corps)(Navy-Marine Corps)

Court of AppealsCourt of Appeals(Armed Forces)(Armed Forces)

United StatesUnited StatesSupreme CourtSupreme Court

The real deal…

Negative Factors Affecting Discipline

Lack of interest, leadership by seniors

Slackness in command- No follow through

Lack of information flow to subordinates

Instability in day-to-day operations– Frequent changes– Transfers

Non-Punitive Administrative Measures

Extra Military Instruction

Administrative Withholding of Privileges

Non-punitive Censure

Extra Military Instruction* JAGMAN 0103

Instruction imposed by officers / senior petty officers in a phase of military duty in which an individual is deficient.

Intended for and directed towards the correction of that particular deficiency.

Limitations – Conducted at a reasonable time outside normal

working hours (CO must approve the after hours).– Max 2 hours/day, not on the member’s Sabbath.– Only as long as necessary.– Not used to deprive of liberty (not punishment).

Rights and Privileges(Examples)

Rights Liberty Right to privacy Procedural rights Rights of the accused

– to know the offense– To counsel– To testify

Privileges Special Liberty Exchange of Duty Special Command

Programs Access to Base or

Ship Libraries Base or Ship Movies Clubs Base Parking

Non-punitive Letter

Not considered punishment. Issued to remedy a noted deficiency in

conduct or performance of duty. Contents may include the following:

– Identification of conduct or performance of duty deficiencies

– Direction for improvement– Language of admonishment– Identification of sources of assistance– Outline of corrective action

– Consequences of failing to correct the deficiencies.

Disposition of UCMJ ViolationUCMJ VIOLATION OCCURS

OFFENSE REPORTED TO IMMEDIATE CORCM 301

IMMEDIATE CO INITIATES PRELIMINARY INVESTIGATION

IF NOT ALREADY BEGUNRCM 303; JAGMAN 0204

CONSIDER CIVILIAN PROSECUTIONAlthough jurisdiction may be concurrent with state and federal government, current policy restricts the military commander’s discretion to prosecute.JAGMAN 0124, 0125

PRETRIAL RESTRAINT DECISIONRCM 304, 305, 707; ART 9, 10; JAGMAN 0127INITIAL DISPOSITION DECISION BY

IMMEDIATE CO -- Must be a “prompt determination”RCM 306, 401, 403, 404, 407 ; ART 30 JAGMAN 0102-0105 (non-punitive measures)

FWD TO SUPERIOR AUTHORITYRCM 306, 401

NJPRCM 306; ART 15; JAGMAN 0106-0119

ADMIN ACTIONCENSUREEXTRA MILITARY INSTRUCTIONCOUNSELING

RCM 306

COURTS-MARTIALARTS 17-20GCM,SPCM,SCMRCM 401(c)

DISMISS OR TAKE NO ACTIONFurther disposition by other authority is not barred.RCM 306(c)(1), 401(c), 402

ADMINISTRATIVE SEPARATIONMILPERSMAN 1910

Enlisted Service Record:

Page 13 Admin Remarks

• Written Acknowledgement of obligations or policies

• Document Warnings, e.g., – Drug Waivers– Following CO’s Mast

• Documents UA – regardless of Disciplinary action

Document, document, document

The first thing the CO will usually ask a Junior Officer about one of his Sailors at Mast is,

“Do you have documented counseling for this individual?”

If you don’t, he will assume you are not properly caring for your people!!

You make the call…1. Uniform sloppy, hair unkempt, bags under eyes2. Smell of alcohol,3. Good Sailor, late for work4. Bad Marine, late for work5. Sailor tells sexist joke in work center, no complaints,6. Sailor tells sexist joke and junior Sailor of opposite sex complains

to you7. Good Marine tells sexist joke and junior Marine with poor

performance of opposite sex complains to you8. LPO physically threatens a poor performing Sailor who has been

mouthing off9. LPO pushes poor performing Sailor who has been mouthing off10.LPO punches poor performing Sailor who has been mouthing off11.LCpl mouths off to GySgt12.PO3 mouths off to LPO13.MasterSgt gets DUI 14.PO1 “gundecks” a log entry15.Your Div CPO fails to salute you

What were your primary / secondary considerations in deciding what to do?

• Mission?• Correcting deficiency?• Punishment?• Effect on morale?• Severity of act?• Individual’s reputation?• Expectations of rank?• Permanent impact on individual’s career?

How will you know when you got it right?How will you know when you got it right?

Reading for Next Class:Kantian Ethics

EMP (21 pages)• Kantian Ethics and the Basis of Duty

(Lucas), pp. 143-147; from Groundwork of the Metaphysic of Morals (Kant), pp. 149-159; A Simplified Account of Kantian Ethics (O’Neill), pp. 161-165.

CSME (9 pages)• Aviano EA-6B Gondola Mishap (Slyman),

pp. 115-121; Aviano EA-6B Gondola Mishap (The Sequel), pp 233-234.

Objectives from reading:

Comprehend moral basis and standard of Kantian or duty-based ethics:

• What are the strengths & weaknesses of Kantian ethics as a moral standard?

• Kantian concept of good will, reason, intent, and duty

• Know and apply the 3 versions of the Categorical Imperative.

• How does Kantian moral theory differ from utilitarianism regarding intent & consequences?

• How would you compare Kant’s concept of duty to the concept or military duty?