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The accused may not be compelled to incriminate himself by answering any incriminatory questions. An investigation shall be conducted and include an inquiry into the truth of the charges, a consideration of the form of charges, and a recommendation of the disposition of the case. Within eight days, the charges shall be forwarded to the officer with general court-martial jurisdiction. The convening authority shall refer this to his staff judge advocate for consideration and advice (Air War College).
The trial procedure shall include sessions, continuances, challenges, oaths, statute of limitations, former jeopardy, pleas of the accused, his opportunity to obtain witnesses and other evidence, a refusal to appear or testify, contempt's, depositions, admissibility of records of courts of inquiry, voting and rulings, the required number of votes, the announcement of action by the court and the court's record of trial (Air War College 2005)
Sentencing
This prohibits punishment by flogging, branding, marking, tattooing on the body or any other cruel or unusual punishment (Air War College 2005). Neither may it exceed the limits set by the President for that offense. The effective date may not extend to any pay or allowances before the date on which the sentence is approved. Confinement may be in imposed or enforced in any place under the control of any of the armed forces or in any penal or correctional institution under the control of the United States (Air War College).
Discharge
A commissioned who seeks trial by court-martial for having been wrongfully dismissed shall be granted that trial on the charges on which he was dismissed (Air War College 2005). If the court martial acquits him or if the sentence adjudged does not include dismissal or death, the Secretary of Defense shall substitute a form of discharge for the dismissal (Air War College 2005). If a general court-martial does not convene within six months from the preparation of an application for trial, the Secretary shall make the substitution. If the officer is discharged from any armed forces by administrative action or is dropped from the...
An overview of the Code stressed the purpose of military law as the promotion of efficiency and effectiveness in the military. This is to insure the national security of the United States. The JAG said that the military system is specifically tailored for the armed forces and that it balances constitutional guarantees and fairness with the needs for proper order and discipline. She then said that those subject to military law did not have the same constitutional guarantees given under civilian law where justice is the objective. Critics observed that the military system of justice is broken down and that it is ironic and tragic that those who are sworn to protect the Constitution were often deprived of basic Constitutional rights. She also felt that court-martials are out of control. There are approximately 10,000 or more of these each year. This situation, the 98% conviction rate, the reality of untrained and understaffed defense attorneys and blatant command influence altogether were serious problems confronted by military personnel who confront the military rule of law (O'Meara).#
BIBLIOGRAPHY
Air War College (2005). Uniform code of military justice. Approximately 45 web pages. Air University. Retrieved May 11, 2007 from http://www.au.af.mil/au/awcgate/ucmj.htm
Ohman, M. (2005). Integrating title 18 war crimes into title 10. 107 pages. Air force Law Review: U.S. Air Force Academy Department of Law, Winter 2005
O'Meara, K.P. (2001). How just is our military justice? 4 pages. Insight on the News: News World Communications, Inc., May 14, 2001
Pound, E.T. (2002). Creating a code of justice history. 3 pages. National and the World, December 8, 2002
Turner, L.L. (2000).…
BIBLIOGRAPHY
Air War College (2005). Uniform code of military justice. Approximately 45 web pages. Air University. Retrieved May 11, 2007 from http://www.au.af.mil/au/awcgate/ucmj.htm
Ohman, M. (2005). Integrating title 18 war crimes into title 10. 107 pages. Air force Law Review: U.S. Air Force Academy Department of Law, Winter 2005
O'Meara, K.P. (2001). How just is our military justice? 4 pages. Insight on the News: News World Communications, Inc., May 14, 2001
Pound, E.T. (2002). Creating a code of justice history. 3 pages. National and the World, December 8, 2002
The article is put into action due to the fact the military was treated with disrespect. Furthermore, if any military violates Article 92, which states the following will face being court martial for their punishment. 1) violates or fails to obey any lawful general order or regulation; 2) having knowledge of any other lawful order issued by any member of the armed forces, which it is his duty to obey, fails
Terrorists operate like spies and not like soldiers. For this reason, terrorists are not regarded as members of the combat concerning the conventions and treaties that ban torture. Therefore, it is normal for them to be given a different treatment when they are captured. This approach suggests that terrorists undertake actions that exclude them from protection from torture as indicated in treaties such as the Geneva Conventions (Hall 27).
Military and Professional Bearing Military & Professional Bearing Army men and women have the ability to accomplish astonishing feats through their valor, bravery and sacrifice; they can endure tremendous hardships and remain perseverant as proven in the historic and present battlefields. On taking-up the oath to become a part of the Army, one enters in to a revered agreement with the motherland and with their subordinates. The basic ingredients required in a soldier
Military personnel must achieve and maintain the best physical conditioning of they are reasonably able to reach for the duration of their enlistment as a fundamental obligation of being fit for duty. Smoking makes that impossible. Likewise, the American taxpayer has a justifiable interest in reducing the costs of fielding a military by eliminating unnecessary costs. Smoking invariably adds to the already substantial costs of providing medical care to
Military Marijuana military has a number of jurisdictional and operational issues associated with what it will do with personnel involved with the use of medical marijuana. Though it claims that there is no ambiguity -- that its Directives (DOD 1010.1) are clear -- in reality it now finds itself facing a "Don't Ask, Don't Smoke" problem. What is happening inside and outside of the armed services is mystifying how the rules
However, his request was denied. His commanding officer explained that his letter did not provide sufficient evidence that Nguyen was likely to engage in homosexual acts, and therefore did not constitute a reason for separation (Prince, 2002). United States Navy hospitalman, Roy Hill, endured a similar scenario. He too came out to his commanding officer, in a letter. However, his commanding officers stated that "homosexual conduct is grounds for separation