Essay on article 86 of the ucmj

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Essay on article 86 of the ucmj

It contains in it detailed procedures and instructions which are used by the military in general to implement military law for the United States Armed Forces. The UCMJ is used to ensure that the laws of the military are observed to its fullness and also used to indict those who, within the military have been found to have violated the laws and that the convictions are subject to changeable levels of the military review process.

This is so because the military personnel are not subjected under the civilian laws thus cannot be tried under the civil courts as they are considered a separate entity from the civilians.

Essay on article 86 of the ucmj

This Uniform Code of Military Justice law was enacted by the congress in after it was observed that the American military had committed many injustices and abuses during the World War II and severe sentences had been given to those found involved in such acts.

It was done so that fairness and justice would prevail during the trials of the suspected persons as the activities of the trials were now given to professional lawyers who ensured fairness was observed.

The Uniform Code of Military justice as stated earlier is only used within the military only. The persons who are subject to the use of this law include Cadets, aviation cadets and midshipman. Members of a regular component of the armed forces such as inductees, volunteers accepted into the armed forces and persons lawfully called or ordered into the armed forces.

Retired members of the armed forces who are still entitled to pay. Persons who are still under the custody of the armed forces or serving a sentence that was imposed on them by a court- martial.

Key Points of Discussion:

Persons who, not necessarily of the armed forces, but is accompanying or serving the armed forces in the field. The prisoners of war who are in the custody of the armed forces. The Manual Court Martial which is used by the President to amend the Uniform Code of Military divides the punitive articles into six areas which in turn makes the UCMJ a fairer law to be used by the military for the military.

This helps an individual in knowing what they are being accused of and allows them to prepare for their case and get the right advice from counsel. This is the case with all established laws as they give that provision.

This also applies in the case of the UCMJ in that it accords the personnel with individual rights. To begin with, one of the individual rights accorded by this law is the right to remain silent as the accused is compelled by law not to answer any questions to which he deems that an answer to it may result in his incrimination or unfair trial.

In addition, it is required that the accused should have their rights read to them before they are questioned and also they should be informed of the nature of the accusation for which they are being arrested and they are not required to make any statement as it can be used as evidence against them by the court martial.

Accountability in the Marine Corps by Garrett Wilson on Prezi

Furthermore, another right is that any evidence or statement made as a result of coercion will not be used in the trial by the court- martial as this is not admissible in the court because the suspect may have confessed to a crime he had not committed because he was either threatened or tortured.

The UCMJ also demand that a military personnel suspected of any criminal act is legitimately entitled to the services of a lawyer indiscriminately.

That is, regardless of their position in the military, economic level and the cost of the lawyer. This provision allows for the individual who may not be well versed with the laws to be protected from incriminating oneself as the lawyers will inform him of his rights and how to go about the whole issue.

Essay on article 86 of the ucmj

Also, it is allowed for the suspected individual to be represented by a military lawyer anywhere in the world as long as they are available. Another of the UCMJ rights includes that until a thorough and impartial investigation of the matter at hand has been carried out, no charge against the accused can be referred to the court- martial.

It also allows that the accused can be represented during an ongoing investigation and that at that investigation the accused can cross- examine witnesses available and presents anything in his defense or mitigation according to article 32 b.

Such provisions in the law allows for justice to be fairly served to the accused. Most of the rights given to the individuals, mainly those suspected of crime and are to be tried in the court-martial are found in the article 31 and 32 of the UCMJ.

The article clearly indicates the rights and it should be adhered to the latter which failure to comply will result in a trial. At this point, the accused can request to be released from pretrial confinement. Here the accused is entitled to a military lawyer even a civilian lawyer, and the general court; which has unlimited jurisdiction for punishment and death penalty is considered an authorized punishment.

For any trial to be conducted in this court, a thorough and impartial investigation into the matter must be conducted. Once a sentence has been passed, such as, punitive discharge, confinement and even a death sentence, the sentence is automatically reviewed by the courts of Criminal Appeal which has the mandate of correcting any legal errors it finds and even reduce what it observes to be an improper sentence.

This ensures that the legal system has served fairly and no prejudiced calls were involved in the deciding of the sentence.Topic: UCMJ Order DescriptionThe Fifth Amendment states, in part, that no person be subject for the same offense to be twice put in jeopardy of life or limb.

Article 86 ucmj essay | Peatix

Article 44(a) of the Uniform Code of Military Justice provides that no person may, without his consent, be tried a second time for the same offense. DoubleRead more about UCMJ Academic Essay[ ].  Word Essay on Article 86 Article 86 is a Punitive Article in the Uniform Code of Military Justice AR regarding Unauthorized Absense.

Article 86 states that Unauthorized Absence (UA) or Absence Without Leave (AWOL) is one of the most common offense under the UCMJ. Since , Article of the Uniform Code of Military Justice (UCMJ) has been the general article for all branches of the military. Article is a "catch-all" for many offenses that are not covered by other specific articles of the UCMJ.

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Now if a Marine is late for anything he is subject to article 86 under the UCMJ even if it is the first time being committed. Unauthorized Absence is something not something to be taken lightly.

Even being a few minutes late can result in loss of pay, restriction and extra duty, and even a reduction in rank. Essay on article 86 ucmj. Society research paper fellowship as a friend essay gift. My greatest wish essay problems; Daily life problems essay gadgets make.

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