PUNITIVE ARTICLES OF UCMJ

LEARNING OBJECTIVES: Identify the punitive articles of the UCMJ. Read and explain each of the punitive articles contained in appendix III of this manual.

Articles 77 through 134 of UCMJ are referred to as punitive articles, which as a whole, cover almost any offense or crime that can be committed. Appendix III of this book covers the punitive articles.

You must remember to establish proof that the accused committed the alleged offense. All ELEMENTS of the offense MUST be met before the accused can be charged for violation of the offense.

The Manual for Courts-Martial (part IV, "Punitive Articles") contains specific information about each article. You should consult this part of the MCM to obtain the proper specifications when writing charges for NJP or courts-martial proceedings.

SUMMARY

In this chapter, we studied the sources for jurisdiction and discussed jurisdiction over the person, offense, and location. Types of jurisdiction, such as military, civilian, investigative, and territorial were covered. This section also included a dialogue on the service-connection issue, the assimilative crimes act, and the Posse Comitatus Act. Next we discussed the status of forces agreements as they relate to application, jurisdictional arrangements, fairness, and importance to members of the Navy. Then we defined apprehension and covered articles 7 through 14 of the UCMJ, which are the basis of "the law" as it relates to the authority for different types of custody. The citizen's right to arrest and two defenses against civil liability were covered next. The fifth amendment to the Constitution and UCMJ Article 31 were also discussed. The need for detailed procedures to administer and record a warning was included. Finally, the punitive articles, 77 through 134, were pointed out. Remember, the punitive articles are included in this manual as appendix III.