Nature and Purpose of Military Law

To support the orderly existence of the Armed Forces! For the Armed Forces to effectively exist, there is a need for a certain amount of preparedness, security, discipline, and morale.

1. Promote Justice2. Assist in maintaining good order

and discipline in the Armed Forces3. Promote efficiency and

effectiveness in the military

Preserve constitutional rights and ensure the fair treatment of service members

Balance the Military Mission and Due Process Rights within the framework of the Constitution

Create a judicial system that will promote good order and discipline….an enforcement mechanism which essentially keeps warriors in line versus a process which protects individual freedoms and rights.

Allows us to have an Armed Force which will defend the United States and to seek out an enemy of our country and destroy them.

Article 1 of the U.S. Constitution forms the foundation of military law and provides:that Congress has the responsibility to make rules to regulate the military; it also establishes the President as Commander in Chief of the armed forces.

The criminal code for all U.S. military personnel

Creates a military justice system capable of operating in times of peace or conflict, home or abroad

It is amended periodically to reflect changes in the federal and military justice systems.

Additionally, under the UCMJ, Congress has authorized the President to prescribe regulations & procedures in courts-martial.

Promote and maintain good order and discipline; and

Make rules for courts-martial & set maximum punishments; and

Appoint judges to the highest courts.