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The Uniform Code of Military Justice (UCMJ) is the judicial code governing members of the US military and prisoners of war. It was passed by Congress in 1950 and written by civilians with military advisers. The UCMJ balances individual rights with the need for a disciplinary justice system. It covers active duty soldiers, commissioned or activated individuals, military academy attendees, and some retired and reserved personnel. ROTC cadets are not included but are educated about it.
The Uniform Code of Military Justice (UCMJ) is the judicial code governing members of the United States military. Under the UCMJ, soldiers can be charged, tried, and convicted of a variety of crimes, including common law offenses such as arson and army-specific crimes such as desertion. In addition to applying to members of the military, the UCMJ also applies to prisoners of war held by the United States.
Since 1776, the United States has adopted some form of military code of justice, initially known as the Articles of War. In the 20th century, the military and government recognized that articles of war no longer met the needs of the modern military. With the organization of military branches under the Department of Defense in 1947, Congress seized the opportunity to rewrite the rules of military justice to address emerging issues.
The UCMJ was passed by Congress in 1950 and went into effect in 1951. The document was written entirely by civilians, with the assistance of military advisers, reflecting the fact that the military in the United States is led by a civilian and responsible to the citizens of the United States. The 12 subchapters of the UCMJ set out definitions, policies, procedures, crimes punishable under the UCMJ, and sanctions.
In addition to the UCMJ, the military also uses the Courts-Martial Manual, which details the specific procedures used in courts-martials. Both documents are designed to balance the need for individual rights with the need for a justice system that meets the disciplinary requirements of the military. Under the UCMJ, a soldier has the right to have a lawyer and to know the charges brought against him or her. Soldiers also have the right to remain silent and must be informed of this right.
Active duty soldiers are all covered by the UCMJ, along with individuals who have been commissioned or activated on an as-needed basis, such as members of the National Guard. The UCMJ also covers individuals in military academies, along with some retired and reserved military personnel, depending on the situation and crime. ROTC cadets are not included in the UCMJ, although they are usually well educated about it because they will one day be subject to the UCMJ, and some may become advisors to UCMJ commissioned soldiers.
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