When The Military Investigators Come Calling…®
MILITARY CRIMINAL LAW
A court-martial is a criminal trial to determine whether the accused has violated military criminal law, and if so, to punish the accused accordingly. Trial by court-martial must be in compliance with a host of laws. Post-trial review by the convening authority or by the military appellate system may also be available.
The United States Constitution is the supreme law of the land. The U.S. Congress is prohibited from passing laws that contravene the U.S. Constitution. The President of the United States, as Commander in Chief, is prohibited from issuing orders that contravene the U.S. Constitution. The different branches of the armed forces are prohibited from promulgating regulations that contravene the U.S. Constitution. In all cases, the U.S. Constitution controls.
The U.S. Constitution has specific provisions that provides for the military. For example, Article 1, Section 8, addresses the authority of Congress to enact laws "to raise and support armies," "to provide and maintain a navy," and "to make rules for the government and regulation of the land and naval forces." In addition, Article 2, Section 2, states that "The President shall be Commander in Chief of the Army and Navy..."
Pursuant to its constitutional authority, Congress has enacted the Uniform Code of Military Justice (U.C.M.J.). This code is applicable to all branches of the armed forces and acts as the skeletal framework for military criminal laws.
Pursuant to his authority under Article 3b of the U.C.M.J., the President has promulgated the Manual for Courts-Martial (MCM), which sets out among other things specific Rules for Courts-Martial (R.C.M.).
In turn, the President has delegated to each service of the armed forces limited authority to promulgate regulations to meet its individual needs. All of the service regulations have the force and effect of law unless they conflict with the U.S. Constitution, the U.C.M.J. or the R.C.M. found within the MCM. Courts-Martial practices and procedures will vary slightly among the services because of the individualized regulations of each service. Great care should be taken to study the service supplemental regulations.
1. Constitution of the United States
2. Uniform Code of Military Justice (U.C.M.J.)
3. Manual for Courts-Martial (M.C.M.) (2002 Edition)
4. Service Supplemental Regulations
6. Laws of Armed Conflict