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Military Studies MCI 8102 MARINE CORPS INSTITUTE STAFF NONCOMMISSIONED OFFICERS CAREER DISTANCE EDUCATION PROGRAM MILITARY STUDIES MARINE BARRACKS WASHINGTON, DC MILITARY STUDIES (8102) Course Introduction Scope The responsibilities of SNCOs increase with every rank reached. As an NCO, you will need continuing education on a variety of subjects to master these additional responsibilities. Technical and tactical proficiency is the hallmark of the Marine Gunnery Sergeant. This course covers a wide range of subjects that will enhance your abilities in maintaining the high standards expected of the senior non- commissioned officer ranks. References The following references were used in the writing of this course: · Manual for Courts-Martial United States (2000 Edition). · FMFM 3-2, MAGTF Command and Control Support. · FMFM 6-1, Marine Division. · FMFM 6-4, Marine Rifle Company/ Platoon. · FMFRP 2-12, Marine Air Ground Task Force: A Global Capability. · FRFRP 0-14, Military and Associated Terms. · MCDP 3, Expeditionary Operations. · MCRP 5-12C, Marine Corps Supplement to the Defense Dictionary of Military and Associated Terms. · MCRP 5-12D, Organization of Marine Corps Forces. · MCWP 3.33.1, Marine Air Ground Task Force Civilian and Military Operations. · MCWP 3.40.1, Marine Air Ground Task Force Command and Control. · Miller, William M. Col. USMC, Johnstone, John H. Maj., USMC, A Chronology of the United States Marine Corps 1775-1934 Volume 1, 1934 · Marine Corps University Archives. · Leatherneck, December 2001 pg. 64. · Marine Corps Historical Pamphlet, United States Marine Corps Ranks and Grades 1775-1969. Historical Division HQMC, 1969. Continued on next page MCI Course 8102 i Course Introduction Course Introduction, Continued References, · O’Quinlivan, Michael. Enlisted Rank Insignia in the U.S. Marine Corps continued 1798-1958, Historical Branch, G-3. Headquarters U.S. Marine Corps, 1958. · www.marinemedalscom · www.history.navy.mil · www.usmc.mil/historical.nsf · MCO P10520.3B, Marine Corps Flag Manual. · Simmons, Edwin Howard, The United States Marines A History, 3rd edition · Department of the Navy, Naval Historical Center, Washington, D.C. · Stuart, James, letter dated 31 January 1860. · Official Report of Col. Robert E. Lee, U.S.A. to Adjutant General, U.S. Army dated 19 October 1859. · Millet, Alan R., SEMPER FIDELIS, The History of the United States Marine Corps: Macmillan Publishing Company, Inc. 1980. · United States Marine Corps, record Group 127, National Archives of the United States, Washington, D.C. · Marine Corps Historical Center, Reference Section, History Branch, History and Museums Division. Washington, D.C. · MCO P1020.34F, Marine Corps Uniform Regulations. Table of The following is the table of contents for this course. Contents Study Unit Title Page -- Course Introduction i 1 Military Justice 1-1 2 The Marine Air Ground Task Force (MAGTF) 2-1 3 Marine Corps History 3-1 4 Changes to Uniforms 4-1 Review Lesson Exercise R-1 Estimated You will spend about 9 hours 55 minutes completing this course. This Study Time includes the time you will need to study the text, complete the exercises, and take the final examination. Continued on next page MCI Course 8102 ii Course Introduction Course Introduction, Continued Reserve You earn 3 retirement credits for completing this course. You earn reserve Retirement retirement credits at the rate of one credit for each 3 hours of estimated study Credits time. Note: Reserve retirement credits are not awarded for the MCI study you do during drill periods if awarded credits for drill attendance. Summary The table below summarizes all important “gateways” needed to successfully complete this course. Step When you Then you will For more information 1 Enroll in the program Receive your Refer to the Program program material Introduction 2 Complete the self- Arrange to take the Refer to the Program paced text final examination Introduction 3 Pass the final Receive a course Refer to the Program examination completion Introduction certificate MCI Course 8102 iii Course Introduction (This page intentionally left blank.) MCI Course 8102 iv Course Introduction STUDY UNIT 1 MILITARY JUSTICE Overview Estimated 1 hour, 40 minutes Study Time Scope Many factors have motivated the Congress of the United States to provide a separate military justice system. Crimes in the military society--unauthorized absence (UA), disobedience, disrespect, and conduct unbecoming of a Marine, as examples, have no match in civilian criminal law. Military leadership requires you to participate in administering the criminal law process to the extent it affects your subordinates. This participation reinforces your leadership and control over those factors that influence the fighting capacity of the Marine Corps. Learning After completing this study unit, you should be able to Objectives · Define the purpose of the military justice system. · Explain the rules for a court-martial. · Identify which offense has been committed. · Conduct a lawful search. In This Study This study unit contains the following lessons: Unit Topic See Page Lesson 1 Military Justice System 1-3 Lesson 2 Searches 1-27 Lesson 3 Laws of Land Warfare 1-37 MCI Course 8102 1-1 Study Unit 1 (This page intentionally left blank.) MCI Course 8102 1-2 Study Unit 1 LESSON 1 MILITARY JUSTICE SYSTEM Introduction Estimated 30 minutes Study Time Scope This lesson provides a broad overview of the military justice system. It addresses subjects that are vital to staff non-commissioned officers with Marines under their charge or who are advising a commanding officer on military justice matters. Learning After completing this lesson, you should be able to Objectives · Identify the purpose of the military justice system. · Identify the sources of the military justice system. · Identify the levels of the military justice system by function. · Identify the limitations of each punishment’s authorization. · Identify the convening authority by levels of justice. Continued on next page MCI Course 8102 1-3 Study Unit 1, Lesson 1 Introduction, Continued In This Lesson This lesson contains the following topics: Topic See Page Introduction 1-3 Background Information 1-5 Sources 1-6 Process 1-9 Nonjudicial Punishment (NJP) 1-10 Summary Court-Martial (SCM) 1-13 Special Court-Martial (SPCM) 1-15 General Court-Martial (GCM) 1-16 SPCM and GCM Rights of the Accused 1-17 Courts of Military Review (CMR) 1-21 United States Court of Military Appeals (USCMA) 1-22 United States Supreme Court 1-23 Lesson 1 Exercise 1-24 MCI Course 8102 1-4 Study Unit 1, Lesson 1 Background Information Purpose The purpose of the military law and justice system is to provide a framework of law that regulates the military forces of our nation and ensures discipline, high morale, good order, and just treatment. Military Law Military law is “the body of law which regulates the military establishment of a nation.” This body of law includes acts that establish the missions of the various branches, their authorized strength, and all the details that are required to administer the Armed Forces. The National Security Act of 1947 is an example of this type of act. The military justice system is the part of military law that corresponds to criminal law in civilian life. Jurisdiction The military justice system applies to active duty military personnel, retired or reserve members who are entitled to pay or benefits, cadets, and midshipmen. A complete listing of persons covered is given in Article 2 of the Uniform Code of Military Justice (UCMJ). MCI Course 8102 1-5 Study Unit 1, Lesson 1 Sources Order of The present system of military justice derives its authority from various Precedence sources in a precedence that must be followed. The following five sources below are listed in order of precedence: · The Constitution · The UCMJ · The Manual for Courts-Martial (MCM) · Congressional legislation · Service regulations The The Constitution of the United States is the supreme law of the land. From it, Constitution the President, Congress, and the Supreme Court derive their authority. Section 8 of Article I grants Congress the authority to make rules for the regulation of land and naval forces, and by extension, air forces. The provisions of the Constitution apply to military justice unless specifically excluded by the Constitution itself. The UCMJ Using its authority under the Constitution, Congress enacted a code of 140 articles to provide a basis for the administration of justice for the Armed Forces. Article 36 of the UCMJ authorized the President of the United States to prescribe the actual procedures to be followed when implementing the provisions of the UCMJ. The UCMJ may also be referred to as “the Code.” Continued on next page MCI Course 8102 1-6 Study Unit 1, Lesson 1 Sources, Continued The Manual for Under the authority delegated by Congress, the President issues the MCM, Courts-Martial which is the basic directive implementing the UCMJ. It sets forth such things (MCM) as trial procedures, rules of evidence, and maximum punishments for violations of the Code. The MCM is divided into six parts followed by an appendix. Part Name Function I Preamble Gives the source of military jurisdiction, what agencies may exercise military jurisdiction, and the nature and purpose of military law. II Rules for The MCM gives the rules that govern the Courts-Martial procedures and punishments in all courts- martial and also some preliminary, supplementary, and appellate procedures. This is a descriptive analysis of procedures for military justice. III Military Rules Gives the rules about evidence applicable in of Evidence courts-martial, including summary courts- martial. IV Punitive Articles Articles 78-134, UCMJ, are the punitive articles. Article 77, Principals, and Article 79, Accessory After the Fact, explain who is punishable under these articles and explains accessory after the fact. V Nonjudicial Explains the procedures for NJP including the Punishment authority, limitations of punishment, and (NJP) appeals. Appendixes Include the Constitution of the United States, UCMJ, maximum punishment chart, and an explanation of various forms.
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