Using Judgement in Reporting Violations

Courts-Martial Based on article 16 of the UCMJ, courts-martial are of three types—summary, special, and general. The captain decides the type of court-martial to award based on the nature, time, and place of the offense. A summary court-martial (SCM) consists of one commissioned officer. If there is only one commissioned officer with the command, that officer acts as the summary court officer. A summary court can award any sentence that may be given at mast. It also can award the additional punishments of confinement for 1 month, hard labor without confinement for 45 days, restriction for 2 months, or forfeiture of two-thirds pay per month for 1 month. A special court-martial (SPCM) consists of not less than three members. The accused can request that enlisted personnel serve on the court. In that event, enlisted personnel make up at least one third of the court membership. The accused has the right to consult with a defense counsel and to request that the court consist of only the military judge. A SPCM may award a more severe punishment than a SCM. For example, it can award a bad-conduct discharge, confinement for 6 months, loss of two-thirds pay per month for 6 months, and hard labor without confinement for 3 months. A general court-martial (GCM) consists of a military judge and not less than five members. As in a special court-martial, the accused may request that enlisted personnel serve on the court. Under the conditions described for a SPCM, the accused may request that the court consist of only a military judge. A GCM can award any punishment not forbidden by the UCMJ, including death when specifically authorized for the offense. All accused persons have the right to be represented before special and general courts-martial by defense counsel. This counsel may be a civilian attorney, at the expense of the accused, or a military attorney detailed to represent the accused. USING JUDGMENT IN REPORTING VIOLATIONS The need for using good judgment is vital in reporting violations. Some violations are minor in nature and some are major. As a petty officer, you need to become familiar with separating the two. Good judgment ability is not an inherited trait. You must develop it over a period of time. You have to develop the ability to decide and to form an opinion objectively when you report violations of the UCMJ. The judgment you use may affect the rest of a person’s naval career. You are going to see violations of the UCMJ every day. Some will be minor and some will be major. If you see a violation, stop for a minute to think before you act. You cannot smile away a violation one day and rebuke it the next. Under these conditions personnel don’t know where they stand. At times you need only offer a word of caution to correct a problem. At other times you may need to take more action. Study your personnel, watch them, learn their language and points of view, work with them, guide them, and counsel them. Then, you can commend the good personnel and, as often as you must, report the bad ones without fear or favor. If you were to report minor violations all the time, you would bog down our justice system; and your effectiveness as a leader would rapidly decline. Remember to stop and think before you act. Use discretion in reporting a violation. Violations That Should Be Reported Remember, a violation is a violation and should not go unanswered. At times your judgment as a petty officer comes into play. You need to take a hard look at the violation and see if it warrants reporting. Some examples of offenses that normally warrant reporting (major violations) are as follows: � Assault of a superior commissioned officer or willful disobedience of a superior commissioned officer’s orders � Disrespect towards a superior commissioned officer � Being drunk while on duty � Drunken or reckless driving � Willful destruction of government property 2-7 Q7. Who decides which type of court-martial to award? 1. Accuser 2. Accused 3. Executive officer 4. Commanding officer REVIEW QUESTION