Naval Science 402 Leadership and Ethics
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Transcript of Naval Science 402 Leadership and Ethics
Naval Science 402Naval Science 402Leadership and EthicsLeadership and Ethics
Senior Seminar #1
Introduction to Military Justice
and Discipline
ObjectivesObjectives
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.
ObjectivesObjectives 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.
Purpose of Military LawPurpose 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
Constitutional BasisConstitutional Basis
U C MJ
C ongres s
J A G MA N NA V R E G S
MC M
Pres ident
C ourt Dec is ions
Supreme C ourt
C onstitutio n
Sources of Military / Naval LawSources 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
Military CrimesMilitary 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
Military JusticeMilitary Justice
Enacted by a variety of methods:
– Administrative Counseling, Evaluations, Loss of
Privileges, etc.
– Disciplinary Nonjudicial Punishment
– Criminal Procedures Courts-Martial
JudicialJudicialCourt MartialCourt Martial
NonjudicialNonjudicial NJPNJP
Non PunitiveNon Punitive Letter Letter Non recommendationNon recommendationNon advancementNon advancement
CounselingCounseling One on oneOne on oneDirectionDirection
LeadershipLeadership Personal ExamplePersonal ExampleGuidanceGuidance SupervisionSupervision
The difference between The difference between Discipline and PunishmentDiscipline 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.*
Film Clip – Master and CommanderFilm Clip – Master and Commander
Negative Factors Affecting Negative Factors Affecting DisciplineDiscipline
Lack of interest, leadership by seniors
Lack of information flow to subordinates
Slackness in command
Instability in day-to-day operations– Frequent changes– Transfers
Military Court Appeals Military Court Appeals ProcessProcess
Court-MartialCourt-Martial
Court of Criminal AppealsCourt of Criminal Appeals(Navy-Marine Corps)(Navy-Marine Corps)
Court of AppealsCourt of Appeals(Armed Forces)(Armed Forces)
United StatesUnited StatesSupreme CourtSupreme Court
Non Punitive Administrative Non Punitive Administrative MeasuresMeasures
Extra Military Instruction
Administrative Withholding of Privileges
Nonpunitive Censure
Extra Military Instruction* Extra Military Instruction* JAGMAN 0103JAGMAN 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 member’s Sabbath.– Only as long as necessary.– Not used to deprive of liberty (not punishment).
Rights and PrivilegesRights and Privileges(Examples)(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
Nonpunitive CensureNonpunitive 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.
Questions ?Questions ?
Next class – The UCMJ and Next class – The UCMJ and Navy RegulationsNavy Regulations
Reading Assignment
Naval Law: pages 18 and 19
MCM: Skim Appendix 2
Read Section IV, Article 92
***Bring MCM to class***