Uniform Code of Military Justice

• Author: Jeffrey Lehman, Shirelle Phelps

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The Uniform Code of Military Justice (UCMJ) was enacted by Congress in 1950 (10 U.S.C.A. § 801 et seq.) to establish a standard set of procedural and substantive criminal laws for all the

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U.S. military services. (It went into effect the following year.) The UCMJ applies to all members of the military, including those on active duty, students at military academies, prisoners of war, and, in some cases, retired or reserve personnel. The UCMJ changed MILITARY LAW in several ways, especially by providing substantial procedural safeguards for an accused, such as the right to be represented by counsel, to be informed of the nature of the accusation, to remain silent, and to be told of these rights.

Military law exists separately from civilian law. The rights of individuals serving in the ARMED SERVICES are not as extensive as civilians rights because the military is regulated by the overriding demands of discipline and duty. Recognizing this need for a separate body of regulations to govern the military, Article I, Section 8, Clause 14, of the Constitution empowers Congress "to make Rules for the Government and Regulation of the land and naval Forces."

Until the enactment of the UCMJ, the Army and Navy each had its own system of military justice, known as the Articles of War in the Army and the Articles for the Government of the Navy. The UCMJ ensures that any accused member of the armed services will be subject to the same substantive charges and procedural rules and that he or she will be guaranteed identical procedural safeguards.

Some provisions of the UCMJ concern COMMON LAW crimes, such as murder, rape, LARCENY, and ARSON. The elements of these offenses do not differ from those in state codes. Other provisions deal with offenses that are unique to the military, including absence offenses, duties-and-orders offenses, superior-subordinate relationship offenses, and combat-related offenses.

Absence offenses include absence without leave (art. 86, 10 U.S.C.A. § 886) and desertion (art. 85, 10 U.S.C.A. § 885). These are the most prevalent crimes in the military. Approximately 75 percent of all courts-martial involve charges of being absent without leave under article 86.

Duties-and-orders offenses include failure to obey an order or regulation (art. 92, 10 U.S.C.A. § 892) and being intoxicated on duty (art. 112, 10 U.S.C.A. § 912). Superior-subordinate relationship offenses include violations such as C...