CHAPTER 1
INTRODUCTION TO MILITARY LAW
The force of government behind customs
and codes of law transforms them into
practical laws regulating the daily lives
of people.
King Hammurabi
compiled the first
known code of law.
Emperor Justinian drew up the Roman
Law that served as the basis of European
civil law.
Napoleon’s Civil
Code served as
the model for civil
codes of many
nations.
Accused persons
had to prove
themselves
innocent of any
charges filed
against them by
the state.
English common
law developed
from decisions in
the king’s court.
Common Law
The unwritten law, especially of
England, based on custom or
court decision, as distinct from
statute law
AD
1215 MAGNA CARTA
1200
1400
KING’S COURT
NAPOLEON
1600
1800
1900
KING’S COURT
(Criminal Law)
COURT OF CHANCERY
(Civil or Equity Law)
Court of Chancery
• Restored rights
• Compensated for
damages
• Corrected injuries
in civil cases
Criminal law retained by the King’s
Court punished or deterred wrongdoers
by bringing them to court for justice.
Criminal Law
The laws of a state or country
dealing with criminal offenses
and their punishments
Trial by a jury of peers—citizens of
equal status under the law—is a specific
right under English common law, and is
guaranteed to each American citizen by
the Sixth Amendment to the U.S.
Constitution.
Constitutional law
recognizes the
equality of all
citizens.
U.S.
Constitution
It gives the Congress the power to provide
and maintain a Navy and to establish rules
and regulations for its operation, which
collectedly are referred to as military law.
CIVILIAN
RIGHTS
MILITARY
OFFENSE
Telling off the boss
Disrespect toward
superior
Quit your job
Desertion
Go on strike
Mutiny
Acts considered rights in civilian societies
may be offenses in a military society.
In the defense of
the nation, citizens
cannot “do their
own thing” when
or if it pleases them.
Military Law
Law regulating the military establishment,
including the military justice system
Military law is designed to preserve good
order and discipline within the military
service, like state and federal laws preserve
good order in the civilian community.
In 1775, John Adams
drafted the “Rules
for the Regulation
of the Navy of the
United Colonies.”
U.S. Navy Regulations
• Provides broad guidelines for
organization and administration
of the Navy
• Specifies particular actions that can
and cannot be done
• Specifies how the chain of command
should handle these actions
Regulations
A law, rule, or other order prescribed
by authority, especially to regulate
conduct
DEPARTMENT OF THE NAVY
NAVY REGULATIONS
Navy Regulations
are posted on
bulletin boards or
included in the
Ship’s Organization
and Regulations
Manual.
Ship’s Organization and
Regulations Manual
An instruction that provides specific
procedures that are designed to carry
out the goals and objectives of the
unit in the most effective and efficient
way possible
The plan of the day contains both official and unofficial
information. All personnel are charged with the knowledge
of its contents.
Selected articles are quoted in the
Plan of the Day.
Plan of the Day
A chronology of planned events and
important notes published daily and
posted throughout the command
Article 1110
Standards of Conduct
Article 1110
Standards of Conduct
All Departments of the Navy personnel
are expected to conduct themselves in
accordance with the highest standards
of personal and professional integrity
and ethics.
Article 1145
Service Examinations
Article 1145
Service Examinations
Persons in the Department of the Navy,
without proper authority, shall not have
in their possession, obtain, sell, publish,
give, purchase, receive or reproduce any
examination paper, or any copy thereof,
or answer sheet thereto, for any
examination whatsoever which has been,
is, or is to be administered within the
Department of the Navy.
Article 1151
Direct Communications
with the Commanding Officer
Article 1151
Direct Communications with
the Commanding Officer
The right of any person in the naval
service to communicate with the
commanding officer in a proper manner,
and at a proper time and place, shall not
be denied or restricted.
Article 1162
Alcoholic
Beverages
Article 1162
Alcoholic Beverages
Except as may be authorized by the
Secretary of the Navy, the introduction,
possession or use of alcoholic beverages
on board any ship, craft, aircraft, or in
any vehicle of the Department of the
Navy is prohibited.
Article 1164
Equal
Opportunity and
Treatment
Article 1164
Equal Opportunity and Treatment
Equal opportunity shall be afforded
to all on the basis of individual effort,
performance, conduct, diligence,
potential, capabilities, and talents
without discrimination as to race,
color, religion, creed, sex, or national
origin.
Article 1165
Fraternization
Prohibited
Article 1165
Fraternization Prohibited
Personal relationships between officers
and enlisted members that are unduly
familiar and that do not respect
differences in grade or rank are
prohibited.
Article 1167
Supremacist
Activities
Article 1167
Supremacist Activities
No person in the naval service shall
participate in any organization that
espouses supremacist cause; attempts to
create illegal discrimination based on race
creed, color, sex, religion, or national
origin; advocates the use of force or
violence against the government of the
United States or the government of any
state, territory, district, or possession
thereof…or otherwise engages in efforts
to deprive individuals of their civil rights.
Uniform Code of
Military Justice
(UCMJ)
UCMJ Articles
A Congressional Code of Military
Criminal Law applicable to all military
members worldwide
The Uniform Code
of Military Justice
(UCMJ) covers the
trial and punishment
of offenders in the
U.S. Armed Forces.
Uniform Code of Military Justice
The word “uniform” means the Code
is the same for all the armed services.
• Supplement the
UCMJ
• Deal with
administration
of the law
• Must know the
Code
• Must be familiar
with procedures
of naval courts
Navy personnel
agree to abide by
the Navy’s laws
and regulations.
Article 137 of the UCMJ directs that
articles of the Code be carefully
explained to every enlistee:
• At the time of entry on active duty
• After 6 months of active service
• At the time of reenlistment
UCMJ
NAVY
REGULATIONS
ART 137
Navy Regulations direct that the text
of the UCMJ be posted for all persons
to see.
The 146 articles
making up the
Uniform Code are
divided into 12
groupings.
The first nine articles
deal with:
• General provisions
• Rules for
apprehension and
restraint
• Conduct of nonjudicial punishment
and court-martials
Group 10, known as the punitive articles,
comprise articles 77-134 dealing with
specific infractions of military law.
The Punitive Articles
These articles address acts that are in
direct violation of acceptable military
and, in many cases, civil law, and that
would constitute a court-martial offense.
They include offenses such as murder,
assault, and larceny, and infractions
against military behavior such as
disobedience of lawful orders, absence
without leave, and insubordination.
Nonjudicial Punishment (NJP)
Refers to certain limited punishments
which can be awarded for minor
disciplinary offenses by commanding
officers or officers in charge of
members of their command
Court-martial
A court consisting of military or naval
personnel appointed by a commander
to try charges of offenses by soldiers,
sailors, etc., against military or naval
law
Punitive articles
address these
offenses:
• Murder
• Assault
• Larceny
Larceny
The wrongful taking and carrying
away of the personal goods of
another from his or her possession
with intent to convert them to the
taker's own use
Punitive articles
also cover military
behavior such as:
• Disobedience of
lawful orders
• Absence without
leave (AWOL)
• Insubordination
Article 55 prohibits cruel
and unusual punishment.
Flogging, branding, keelhauling,
and tattooing are strictly forbidden.
Q.1. In reference to civil law history,
who compiled the first known
legal code?
Q.1. In reference to civil law history,
who compiled the first known
legal code?
A.1. King Hammurabi of Babylon
Q.2. When was this civil law code
compiled?
Q.2. When was this civil law code
compiled?
A.2. About 1700 B.C.
Q.3. Who drew up the Roman Law
that developed into the basic
civil law of most European
countries?
Q.3. Who drew up the Roman Law
that developed into the basic
civil law of most European
countries?
A.3. Emperor Justinian I
Q.4. After centuries of subsequent
legal refinement, what leader
finally codified the Roman Law
in 1804?
Q.4. After centuries of subsequent
legal refinement, what leader
finally codified the Roman Law
in 1804?
A.4. Napoleon I of France
Q.5. Who was obliged to sign the
Magna Carta in England in
1215?
Q.5. Who was obliged to sign the
Magna Carta in England in
1215?
A.5. King John I
Q.6. What term was used for
decisions developed in the
King's court?
Q.6. What term was used for
decisions developed in the
King's court?
A.6. Common law
Q.7. Because of the burden of both
criminal and civil codes, where
were civil cases referred to in
England?
Q.7. Because of the burden of both
criminal and civil codes, where
were civil cases referred to in
England?
A.7. Court of Chancery
Q.8. What is another term for civil
law?
Q.8. What is another term for civil
law?
A.8. Equity law
Q.9. What is the purpose of civil
law?
Q.9. What is the purpose of civil
law?
A.9. It is used to restore rights,
compensate damages, and
correct injuries.
Q.10. What type of cases were tried
in the King’s Court and were
designed to punish or deter
wrongdoers by bringing them
to court for justice?
Q.10. What type of cases were tried
in the King’s Court and were
designed to punish or deter
wrongdoers by bringing them
to court for justice?
A.10. Criminal law cases
Q.11. What is constitutional law?
Q.11. What is constitutional law?
A.11. Law that is based on the
United States Constitution
Q.12. What amendment to the
Constitution guarantees
American citizens to a trial by a
jury of their peers?
Q.12. What amendment to the
Constitution guarantees
American citizens to a trial by a
jury of their peers?
A.12. Sixth amendment
Q.13. What is military law?
Q.13. What is military law?
A.13. Law regulating the military
establishment, including the
military justice system
Q.14. What are some examples of
rights that a civilian has but
are punishable by military law?
Q.14. What are some examples of
rights that a civilian has but
are punishable by military law?
A.14. Telling off the boss, quitting
your job, and striking for better
pay or working conditions
Q.15. On what were the “Rules for
the Regulation of the Navy of
the United Colonies” based?
Q.15. On what were the “Rules for
the Regulation of the Navy of
the United Colonies” based?
A.15. British Common and Royal
Navy admiralty law
Q.16. What are Navy Regulations?
Q.16. What are Navy Regulations?
A.16. Provides the broad guidelines
for the organization and
administration of the Navy.
Q.17. Explain the Naval Regulations
regarding communication with
the Commanding Officer.
Q.17. Explain the Naval Regulations
regarding communication with
the Commanding Officer.
A.17. Any person in the naval
service has the right to
communicate with the
Commanding Officer at a
proper time and place.
Q.18. Explain the Naval Regulations
regarding alcoholic beverages.
Q.18. Explain the Naval Regulations
regarding alcoholic beverages.
A.18. No alcoholic beverages are
allowed on ships or stations or
in your possession without
authorization.
Q.19. Explain the Navy Regulations
regarding fraternization.
Q.19. Explain the Navy Regulations
regarding fraternization.
A.19. Personal relationships
between officers and enlisted
members that are unduly
familiar and that do not respect
differences in grade or rank are
prohibited.
Q.20. Explain the Navy Regulations
regarding equal opportunity.
Q.20. Explain the Navy Regulations
regarding equal opportunity.
A.20. Equal opportunity and
treatment shall be accorded all
persons in the Department of
the Navy irrespective of their
race, color, religion, sex, or
national origin, consistent with
requirements for physical
capabilities.
Q.21. What is the Uniform Code of
Military Justice (UCMJ)?
Q.21. What is the Uniform Code of
Military Justice (UCMJ)?
A.21. A set of laws that cover the
trial and punishment of
offenders in the U.S. Armed
Forces
Q.22. What are articles 77 – 134 of
the UCMJ known as?
Q.22. What are articles 77 – 134 of
the UCMJ known as?
A.22. The punitive articles deal with
acts that are in direct violation
of accepted military or civil
law.