UN I FORM CODE - Library of Congress

1 UN I FORM code MI LITARY J USTICE Text, References and Commentary based on the Report of the Committee on a uniform code of military justice to The Secretary of Defense MEMBERS OF THE COMMITTEE ON A uniform code OF military justice AND ITS STAFF COMMITTEE ON A uniform code OF military justice Professor Edmund M. Morgan, Jr. Chairman ' (professor of Law Harvard university) Honorable Gordon Gray Department of the Army Member (Assistant Secretary of the Army) Honorable W. John Kenney Department of the Navy Member (under Secretary of the Navy) Honorable Eugene M. Zuckert Department of the Air Force Member (~ssistant Secretary of the Air ~orce) Mr. Felix E. Larkin Executive Secretary (~ssistant General Counsel Office of the Secretary of ~efense) WORKING GROUP Mr. Felix E. Larkin Chairman (Assistant General Counsel Office of the Secretary of Defense) Colonel John P. Dinsmore Department of the Army Representative (~egislative and Liaison Division Department of the ~rmy) Lieutenant Colonel John M.

2 Pitzer Department of the Army Representative (office of the Judge Advocate General Department of the Army) WORKING GROUP (continued): colonel John E. Curry (USMC) Department of the Navy Representative (office of the Judge Advocate General Department of the ~avy) Colonel Stewart S. Maxey Department of the Air Force Representative (~udge Advocate Department of the Air Force) Commander Halmar J. idebb Treasury Department Representative (Legislative Counsel Coast Guard) ASSISTANTS TO THE WORKING GROUP Colonel John K. Weber (Legislative and Liaison Division Department of the ~rmy) Lieutenant Commander Daniel J. Corcoran (office of the Judge Advocate General Department of the Navy) Major Louis F. Alyea (Judge Advocate Department of the Air Force) RESEARCH GROUP I Mr. Felix E. Larkin Director (Assistant General Counsel Office of the Secretary of Defense) Mr. Robert Haydock, Jr . (special Assistant to the Director Office of the Secretary of Defense) Mr.

3 Joseph D. Sullivan, (~t torney Office of the Secretary of ~efense) Mr. Edward M. Shafer (~t torney Office of the Secretary of ~efense) Mr. Jack, L. Stempler (~ttorney Office of the Secretary of ~efense) ral ive iii CONSULTANT TO THE COMMITTEE AND THE WORKING GROUP Mr. Robert S. Pasley (counsel Office of Naval Research) Mr. Charles H. Mayer (Special Assistant to the Under Secretary of the Navy) ADMINISTRATIVE OFFICER Mr. J. Joseph Whelan (office of the Secretary of Defense) Abbreviations The following abbreviations are used in the references and commentaries to this code : "AW~ refers to he Articles of War, 41 Stat. 787 to 811 as sl amended, 10 1471-1593 (1946) as amended by Pub. L. 759, 80th Cong., 2nd Sess, (1948). "AGN" efers to the Articles for the Government of the Navy, Rev. Stat. 1624 as amended, 34 8 1200 (1946). "Proposed AGN" refers to , 80th Cong., 1st Sess. (1947). "McM" refers to The Manual for Courts-Martial, Army (1949).

4 "Nc&BW refers to Naval Courts and Boards, U .S . Navy (1937) . "Naval justice " refers to Naval justice , Navy (1945). "Keeffe Report" refers to the Report of the General Court- Martial Sentence Review Board to the Secretary of the Navy, Navy (1945). uniform code OF military justice TABLE OF CONTENTS -- Article. I. General Provisions. Definitions. Persons Subject to the code . Jurisdiction to Try Certain Personnel. Dismissed Officer's Right to Trial by Court-Martial. Territorial Applicability of the code . Judge Advocates and Legal Officers. 11. Apprehension and Restraint. Apprehension. Apprehension of Deserters. Imposition of Restraint. Restraint of Persons Charged with Offenses. Reports and Receiving of Prisoners. Confinement with Enemy Prisoners Prohibited. Punishment Prohibited Before Trial. Delivery of Offenders to Civil Authorities. 111. Non-Judicial Punishment. Commanding Officer's Non-Judicial Punishment. IV. Courts-Martial Jurisdiction.

5 Courts-Martial Classified. Jurisdiction of Courts-Martial in General. TABLE OF CONTENTS - Page 2 Article. Jurisdiction of General Courts-Martial. Jurisdiction of Special Courts-Martial. Jurisdiction of Summary Courts-Martial. Jurisdiction of Courts-Martial Not Exclusive. V. Appointment and Composition of Courts-Martial. Who May Convene General Courts-Martial. Who May Convene Special Courts-Martial. Who May Convene Summary Courts-Martial. Who May Serve on Courts-Martial. Law Officer of a General Court-Martial. Appointment of Trial Counsel and DefenserCounsel. Appointment of Reporters and Interpreters. Absent and Additional Members. VI. Pre-Trial Procedure. Charges and Specifications. Compulsory Self-Incrimination Prohibited. Investigation. Forwarding of Charges-. * Advice of Staff Judge Advocate and Reference for Trial. Service of Charges. VII. Trial Procedure. President May Prescribe Rules. Unlawfully Influencing Action of Court. Duties of Trial Counsel and Defense Counsel.

6 ENTS C__ or Trial. Article. Sessions. Continuances. Challenges. Oaths. Statute of Limit Former Jeopardy. TABLE OF CONTENTS Page 3 ations . Pleas of the Accused. Opportunity to Obtain Witnesses and Other Evidence. Refusal to Appear or Testify. Contempts . Depositions. Admissibility of Records of Courts of Inquiry. ,. Voting and Rulings. Number of Votes Required. Court to Announce Action. Record of Trial. VIII. Seritences. ' Cruel and Unusual Punishments Prohibited. Maximum Limits . Effective Date of Sentences. Execution of Confinement. IX, Review of Courts-Martial. Error of Law; Lesser Included Offense. Article. TABLE OF CONTENTS Page 4 Initial A,ction on the Record. Same -- General Court-Martial Records. Reconsideration and Revision. Rehearings. Approval by .the Convening Author1 ty . Disposition of Records After Review by the Convening Authority. Review by the Board of Review. Review by the Judicial Council. Branch Offices. Review in the Office of the Judge Advocate General.

7 Appellate Counsel. Execution of Sentence; Suspension of Sentence. Vacation of Suspension. Petition for a New Trial. Remission and Suspension. Restoration. Finality of Court-Martial Judgments. X. Punitive Articles. Principals. Accessory After& the Fact. Conviction of Lesser Included Offense. Attempts. Conspiracy . Solicitation. Articl 83. F 84. U 85. C 86. A 87. M 88. c 89. c go. A 91. I 92. F 93. c 94. M 95. A 96. R 97. u 98. N 99. 100. S 101. 1 102. F 103. C 104. A 105. M 106. S 107. F TABLE OF CONTENTS ---. -- Page 5 nvening neral . Fraudulent Enlistment, Appointment, or Separation. Unlawful Enlistment, Appointment, or Desertion. Absence Without Leave. Missing Movement. Disrespect Towards Officials. Disrespect Towards Superior Officer. Assaulting or Willfully Disobeying Officer. Insubordinate Conduct Towards Noncommissioned Officer. Failure to Obey Order or Regulation. Cruelty and Maltreatment. Mutiny or Sedition. Arrest and Confinement.

8 Releasing Prisoner Without Proper Authority. Unlawful Detention of Another. Non-Compliance With Procedural Rules. Xisbehavior Before the Enemy. Subordinate Compelling Surrender. Improper Use of Countersign. , Forcing a Safeguard. Captured or Abandoned Property. Aiding the Enemy. Misconduct as Prisoner. Spies. False Official Statements. TABLE OF CGNTENTS -- pager Article. 108. military Property of United States - Loss, Damage, Destruction, or Wrongful Disposition. Property Other Than military Property of United States - Waste, Spoil, or Destruction, - Improper Hazarding of Vessel. Drunken or Reckless Driving. Drunk on Duty. Misbehavior of Sentinel. Dueling. Malingering. Riot or Breach of Peace. Provoking Speeches or Gestures. Murder. Manslaughter. Rape . Larceny. Robbery. Forgery. Maiming. Sodomy. Arson, Extortion. Assault. Burglary. Housebreaking. JTENTS _P_ 3 States - TABLE OF CONTENTS Page 7 Article. 131. Perjury. 132. Frauds Against the Government.

9 133. Conduct Unbecoming an Officer and Gentleman. 134. General Article. XI. Miscellaneous Provisions. 135. Courts of Inquiry. 136. Authority to Administer Oaths md to Act as Notary. 137. Articles to be Explained. 138. Complaints of Wrongs. 133. Redress of Injuries tp Property. 140. Delegation by the President. 1 uniform code OF military justice Part. I. General Provisions . *lART. 1. Definitions. The following terms when used in this code shall \ be construed in the sense indicated in this Article, unless the context shows that a different sense is intended, namely: (1) "Department" shall be construed to refer, severally, to the Department of the Army, the Department of the Navy, and the Department of the Air Force, and, except when the Coast Guard is operating as a part of the Navy, the Treasury Department ; (2) "~rmed force" shall be construed to refer, severally, to the Army, the Navy, the Air Force, and except when operating as a part of the Navy, the Coast Guard; (3) "~avy" shall be construed to include the Marine Corps and, when operating as a part of the Navy, the Coast Guard.

10 (4) "The Judge Advocate General" shall be construed to refer, severally, to The Judge Advocates General of the Army, Navy, and Air Force, and, except when the Coast Guard is operating as a part of the Navy, the General Counsel of the Treasury Department; (5) "officern shall be construed to refer to a commissioned officer including a commissioned warrant officer;, (6) "~uperior officer" shall be construed to refer to an officer superior in rank or command; (7) "~adet" shall be construed to refer to a cadet of the United States military Academy or of the United States Coast Guard Academy; (8) ids skip man" shall be construed to refer to a midshipman at the United States Naval Academy and other midshipman on active duty in the naval service; (9) "~nllsted person" shall be construed to refer to any person who is serving in an enlisted grade in any armed force; (PO) "~flitary" shall be construed to refer to any or all of the armed forses; (1%) "#ccuserH shall be construed to refer to a person who signs and swears to the charges and to any other person who has an interest other than an official interest in the prosecution of the accused; (12) '*Law officer'!