Punitive Articles of the UCMJ

relieved by a plea of guilty. The many duties of the trial counsel vary widely beginning at the time of assignment to the trial. The duties change throughout the preparation for trial, the trial itself, and the preparation and disposition of the record of trial. All accused persons have the right to be represented before special and general courts-martial by defense counsel. This counsel may be a civilian or military lawyer selected by the accused or the convening authority may appoint a defense counsel. If a civilian counsel is selected, the accused must pay the counsel’s expenses. If the accused prefers to select a civilian counsel, the detailed counsel and assistant counsel act as associate counsel if the accused so desires; otherwise, they may be excused. Art. 55. Cruel and Unusual Punishments Prohibited Article 55 prohibits any cruel or unusual punishment. In particular, courts-martial are forbidden to award sentences that include flogging, branding, marking, or tattooing the body. The use of irons is also prohibited except for the purpose of safe custody. Punitive Articles of the UCMJ The punitive articles of the UCMJ are those numbered 77 through 134. They are the laws of Congress telling you what you must do and must not do, under pain of punishment. What about civil laws? Can you be given military punishment for nonmilitary offenses? Yes, you can. For example, the only U C M J regulations against drunkenness are for drunken driving and being drunk on duty. Many civilian communities, though, have laws against public intoxication. If you are found guilty in civil court and spend time in jail for public intoxication, the Navy can try you for being absent without leave (UCMJ, article 86) and for bringing discredit upon the Navy (UCMJ, article 134). If you willfully refuse to pay just debts, you will be warned to pay them by your commanding officer. Continued failure to pay your debts can lead to an undesirable type of discharge. The Navy has no use for people who don’t exhibit integrity and honesty. On the other hand, if unscrupulous dealers are gouging you, see your legal officer for assistance. The punitive articles that follow are those that you are required to know. If you have any questions about their meaning, ask your division officer for guidance. Art. 77. Principals The mere fact that a person is at the scene of a crime does not make the person a principal. To be a principal of a crime, the person must be guilty of intent to aid or encourage the person(s) who committed the crime. A person who witnesses a crime can be a principal. Evidence must show the witness had a duty to interfere and the witness’s noninterference was intended to operate and did operate to encourage or protect the perpetrator. A person may be a principal even though not at the scene of the crime if he/she commanded, advised, or obtained another person to commit an offense. Art. 78. Accessory After the Fact Any person subject to this chapter who, knowing that an offense punishable by this chapter has been committed, receives, comforts, or assists the offender in order to hinder or prevent his apprehension, trial, or punishment shall be punished as a court-martial may direct. A person who voluntarily gives an escaped prisoner provisions that permit him/her to avoid pursuers becomes an accessory after the fact to the prisoner’s escape. Provisions include transportation, clothing, money, or any other necessities. Art. 79. Conviction of Lesser Included Offense An accused may be found guilty of an offense necessarily included in the offense charged or of an attempt to commit either the offense charged or an offense necessarily included therein. Examples of what generally are held to be lesser-included offenses contained in a principal o ff e n s e i n c l u d e t h e f o l l ow i n g : 2-21 Student Notes: