Naval Science 402 Leadership and Ethics

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Naval Science 402Leadership and Ethics

• Senior Seminar 1
• Introduction to Military Justice
• and Discipline

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Objectives

• Comprehend the purpose, scope and constitutional
  basis of US Navy Regulations and the UCMJ and
  relate these regulations to personal conduct in
  the military service.
• Comprehend junior officer roles and
  responsibilities relative to the military justice
  system and be aware of the essential publications
  relating to military justice.

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Objectives

• Know how discipline and punishment differ.
• Know the correct requirements for using Extra
  Military Instruction (EMI) at the division
  level.
• Be aware of administrative methods used to
  maintain good discipline.

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Purpose of Military Law

• 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 to strengthen
  the national security of the United States.
• - MCM 2000

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Constitutional Basis
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Sources of Military / Naval Law

• Constitution
• Uniform Code of Military Justice (UCMJ)
• Manual for Courts-Martial (MCM, 2000)
• Judge Advocate General Manual (JAGMAN)
• Service Regulations
• U. S. Navy Regulations (1990)
• SORM, Local Directives, etc.
• Court Reviews

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Military Crimes

• Generally have no civilian equivalent.
• Required by military necessity for good order
  and discipline.
• Examples
• Absence (AWOL, desertion )
• Offenses against authority
• Disrespect, orders violations
• Dereliction of duty
• Fraternization

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Military Justice

• Enacted by a variety of methods
• Administrative
• Counseling, Evaluations, Loss of Privileges,
  etc.
• Disciplinary
• Nonjudicial Punishment
• Criminal Procedures
• Courts-Martial

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Judicial Court Martial Nonjudi
cial NJP Non Punitive Letter
Non recommendation Non
advancement Counseling One on
one Direction Leadership Personal
ExampleGuidance Supervision
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The difference between Discipline and Punishment

• Discipline
• Voluntary compliance with naval standards of
  behavior.
• based on attitude enforced by example,
  supervision, positive leadership.
• Punishment
• Failure of discipline.
• Imposed with the objective of improving
  performance ( through punishing? ).
• Legal requirements, restraints/constraints --
  only the CO (or above) can impose.

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Film Clip Master and Commander
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Negative Factors Affecting Discipline

• Lack of interest, leadership by seniors
• Lack of information flow to subordinates
• Slackness in command
• Instability in day-to-day operations
• Frequent changes
• Transfers

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Military Court Appeals Process
United States Supreme Court
Court of Appeals (Armed Forces)
Court of Criminal Appeals (Navy-Marine Corps)
Court-Martial
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Non Punitive Administrative Measures

• Extra Military Instruction
• Administrative Withholding of Privileges
• Nonpunitive Censure

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Extra Military Instruction JAGMAN 0103

• Instruction imposed by officers / senior petty
  officers in a phase of military duty in which an
  individual is deficient.
• Intended for and directed towards the correction
  of that particular deficiency.
• Limitations
• Conducted at a reasonable time outside normal
  working hours (CO must approve the after hours).
• Max 2 hours/day, not on the members Sabbath.
• Only as long as necessary.
• Not used to deprive of liberty (not punishment).

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Rights and Privileges(Examples)

• Rights
• Liberty
• Right to privacy
• Procedural rights
• Rights of the accused
• to know the offense
• To counsel
• To testify

• Privileges
• Special Liberty
• Exchange of Duty
• Special Command Programs
• Access to Base or Ship Libraries
• Base or Ship Movies
• Clubs
• Base Parking

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Nonpunitive Censure

• Not considered punishment.
• Issued to remedy a noted deficiency in conduct or
  performance of duty.
• Contents may include the following
• Identification of conduct or performance of duty
  deficiencies
• Direction for improvement
• Language of admonishment
• Identification of sources of assistance
• Outline of corrective action
• Consequences of failing to correct the
  deficiencies.

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Questions ?
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Next class The UCMJ and Navy Regulations

• Reading Assignment
• Naval Law pages 18 and 19
• MCM Skim Appendix 2
• Read Section IV, Article 92
• Bring MCM to class

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Discipline and the DivO

• Setting the Example
• Tools
• Recognition (verbal/awards)
• Evaluations
• Recommendations for advancement
• Job assignments
• Working hours
• Investigations
• NJP
• JAGMAN

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Terms

• Jurisdiction - talk to in depth in lesson 15
• Mens Rea
• Criminal Intent
• Specific Intent
• Standard of Proof
• Reasonable Doubt
• Preponderance of Evidence
• Direct evidence
• Circumstantial evidence