Transcript 400 MCM (new window)

Air Education and Training Command
Sustaining the Combat Capability of America’s Air Force
Introduction to the Manual
for Courts-Martial, Rights
of the Accused, and State
Codes
Integrity - Service - Excellence
Overview
 Purpose of Military Law
 The Manual for Courts-Martial (MCM)
 Rights of an Accused
 Rights Advisement
 Training Requirements
 Parts of a Punitive Article
 Commonly used Punitive Articles
MP1. Purpose of Military Law
Preamble of the MCM:
“The purpose of military law is 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 strengthen the
national security of the United States”
MP2. Manual for Courts-Martial Overview
 Part 1: Preamble
 Part 2: Rules for Courts-Martial (RCM)
 Part 3: Military Rules of Evidence (MRE)
 Part 4: The Punitive Articles
 Part 5: Nonjudical Punishment (NJP) Procedures
MP3. Rights of an Accused
Article 31
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Presumption of innocence
Burden of proof
Reasonable Doubt
Self-Incrimination
Rights Advisement
MP3. Rights of an Accused
Article 32
• Pretrial Investigation
• General Courts-Martial
Article 38, Right to an attorney
Article 27, Equal Qualifications
Article 137, UCMJ training requirements
• Initial entry
• After completion of 6 months of active duty
• Upon reenlistment
MP4. Parts of the Punitive Article
Articles 77 – 134
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Part 1: Text
Part 2: Elements
Part 3: Explanation
Part 4: Lesser Included Offenses
Part 5: Maximum Permissible Punishments
Part 6: Sample Specifications
MP4. Common Punitive Article
 Article 85,
 Article 86,
 Article 91,
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Desertion
Absence without leave
Insubordinate Conduct toward warrant officer,
noncommissioned officer, or petty officer
Article 92, Failure to obey order or regulation
Article 107, False Official Statement
Article 108, Military property of the United States –sale, loss, damage,
destruction or wrongful disposition
Article 111, Drunken or reckless operation of vehicle, aircraft, or vessel
Article 112, Drunk on Duty
Article 112a, Wrongful use, possession, etc. of controlled substances
Article 117, Provoking Speeches and gestures
Article 123a, Making, drawing, or uttering check without sufficient funds
Article 128, Assault
Article 134, General Article
MP4. Common Punitive Article
 State Codes
 Most states have a State Code of Military Justice
 Found within the state statutes
 Varies from state to state
 Examples of State Codes of Military Justice
Summary
 Purpose of Military Law
 The Manual for Courts-Martial (MCM)
 Rights of an Accused
 Rights Advisement
 Training Requirements
 Parts of a Punitive Article
 Commonly used Punitive Articles
Sustaining the Combat Capability of America’s Air Force
Integrity - Service - Excellence