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The
Uniform Code of Military Justice (
UCMJ, , ) is the foundation of military law in the
United States.
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 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), incorporating 2002-2003 congressional amendments reflecting the transfer of the Coast Guard to the Department of Homeland Security. Its subchapters are as follows:
{]| 815|
Nonjudicial punishment|-| 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|}
General Provisions
Subchapter I, "General Provisions" has six sections (articles):
{| class="wikitable"|- bgcolor="#CCCCCC"! 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 matters pertaining to the fitness of military judges|}
Article 1, "definitions," defines terms used in the rest of the UCMJ: Judge Advocate General's Corps, "
United States Navy," "United States Marine Corps," "
United States Coast Guard," "officer in charge," "superior
commissioned officer," "cadet," "
midshipman," "
United States armed forces," "accuser," "military judge," "law specialist," "legal officer," "judge advocate," and "record."
Punitive Articles
Subchapter X, "Punitive Articles," is the subchapter that details offenses under the uniform code:
- § 877, Article 77. Principals
- § 878, Article 78. Accessory (legal term)
- § 879, Article 79. Conviction of lesser included offense.
- § 880, Article 80. Attempts
- § 881, Article 81. conspiracy (crime)
- § 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. AWOL
- § 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. Insubordination 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. False imprisonment
- § 898, Article 98. Noncompliance with procedural rules
- § 899, Article 99. Cowardice
- § 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
- § 920a, Article 120a. Stalking
- § 921, Article 121. Larceny and wrongful appropriation
- § 922, Article 122. Robbery
- § 923, Article 123. Forgery
- § 923a, Article 123a. Making, drawing, or uttering Cheque, 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. It’s colloquially referred to as the “Write your own law” or “Don’t be stupid” article, and reflect acts that are not specifically listed, but nevertheless committed, by military personnel that negatively impact the service, unit, etc. For example: defecation in the passageways of a ship would be a violation of Article 134, even though it is not specifically mentioned in the UCMJ.
References
DA Pam 27-9 Military Judges Benchbook (.PDF)
Military Law Review. ISSN 0026-4040
See also
- Judge Advocate General's Corps
- Military rule
- Navy-Marine Corps Court of Criminal Appeal
External links
- Uniform Code of Military Justice
- Manual of Courts-Martial United States (2005 Edition) Caution: 9.92 MB Portable Document Format document.
- The original version of the MCM from the Library of Congress
The
Uniform Code of Military Justice (
UCMJ, , ) is the foundation of
military law in the United States.
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 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), incorporating 2002-2003 congressional amendments reflecting the transfer of the Coast Guard to the Department of Homeland Security. Its subchapters are as follows:
{]| 815| Nonjudicial punishment|-| 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|}
General Provisions
Subchapter I, "General Provisions" has six sections (articles):
{| class="wikitable"|- bgcolor="#CCCCCC"! 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 matters pertaining to the fitness of military judges|}
Article 1, "definitions," defines terms used in the rest of the UCMJ: Judge Advocate General's Corps, "United States Navy," "
United States Marine Corps," "
United States Coast Guard," "officer in charge," "superior commissioned officer," "
cadet," "midshipman," "
United States armed forces," "accuser," "military judge," "law specialist," "legal officer," "judge advocate," and "record."
Punitive Articles
Subchapter X, "Punitive Articles," is the subchapter that details offenses under the uniform code:
- § 877, Article 77. Principals
- § 878, Article 78. Accessory (legal term)
- § 879, Article 79. Conviction of lesser included offense.
- § 880, Article 80. Attempts
- § 881, Article 81. conspiracy (crime)
- § 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. AWOL
- § 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. Insubordination 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. False imprisonment
- § 898, Article 98. Noncompliance with procedural rules
- § 899, Article 99. Cowardice
- § 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
- § 920a, Article 120a. Stalking
- § 921, Article 121. Larceny and wrongful appropriation
- § 922, Article 122. Robbery
- § 923, Article 123. Forgery
- § 923a, Article 123a. Making, drawing, or uttering Cheque, 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. It’s colloquially referred to as the “Write your own law” or “Don’t be stupid” article, and reflect acts that are not specifically listed, but nevertheless committed, by military personnel that negatively impact the service, unit, etc. For example: defecation in the passageways of a ship would be a violation of Article 134, even though it is not specifically mentioned in the UCMJ.
References
DA Pam 27-9 Military Judges Benchbook (.PDF)
Military Law Review. ISSN 0026-4040
See also
External links
- Uniform Code of Military Justice
- Manual of Courts-Martial United States (2005 Edition) Caution: 9.92 MB Portable Document Format document.
- The original version of the MCM from the Library of Congress
Uniform Code of Military Justice
Sec. Art. 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.
Uniform Code of Military Justice - UCMJ
Click HERE for Military Law page - and amendments to UCMJ and history of UCMJ. UNIFORM CODE OF MILITARY JUSTICE. Congressional Code of Military Criminal Law applicable to all ...
Uniform Code of Military Justice
Click HERE for Military Law page - and amendments to UCMJ and history of UCMJ. SUBCHAPTER IX. POST-TRIAL PROCEDURE AND REVIEW OF COURTS-MARTIAL
Uniform Code of Military Justice - Wikipedia, the free encyclopedia
The Uniform Code of Military Justice (UCMJ, 64 Stat. 109, 10 U.S.C. ch.47) is the foundation of military law in the United States. The UCMJ applies to all members of the ...
Uniform Code of Military Justice
Unofficial version, formatted into HTML from original source.
Uniform Code of Military Justice (UCMJ) - United States Military
Features the complete Uniform Code of Military Justice applicable to all members of the US Military including the US Army, US Navy, US Air Force and US Marines
US CODE: Title 10,CHAPTER 47—UNIFORM CODE OF MILITARY JUSTICE
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Uniform Code of Military Justice (UJMJ) - ART. 94. MUTINY OR SEDITION
The Uniform Code of Military Justice (UCMJ) is federal law, enacted by Congress. Here are the articles of the UCMJ.
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Uniform Code of Military Justice: Military Legal Resources (Federal ...
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