Nonjudicial Punishment: The Development of Restraint in Maintaining Discipline

reportActive / Technical Report | Accession Number: ADA140860 | Open PDF

Abstract:

Nonjudicial punishment in the United States armed forces has changed dramatically since the American Revolution. Until 1950, the army and navy had different disciplinary codes. Earlier navy punishment imposed without courts- martial was more severe than army punishment. The enactment of the Uniform Code of Military Justice in 1950 resulted in decreased nonjudicial punishment for naval commanders and increased punishment authority for army and air force commanding officers. Congress increased military commanders nonjudical punishment authority in 1962, but not to the levels of the past. Various proposals have been made to increase the quantity of nonjudical punishment authority. The United States Congress should enact legislation which eliminates the summary courts-martial and changes nonjudical punishment by permitting confinement in lieu of correctional custody, by eliminating extra duties and detention of pay, and by abolishing the right of a service member to refuse nonjudical punishment. These changes are necessary to assist in maintaining discipline and to permit the effective and efficient use of nonjudical punishment in war. Author

Author(s):
Miller, Gerald L.
Author Organization(s):
ARMY WAR COLL CARLISLE BARRACKS PA
Descriptive Note:
Study project
Supplementary Note:
DOI: 10.21236/ADA140860
Pagination:
0058

Security Markings

DOCUMENT & CONTEXTUAL SUMMARY

Distribution:
Approved For Public Release
Distribution Statement:
Approved For Public Release; Distribution Is Unlimited.

RECORD

Collection: TR
Identifying Numbers
Monitor Series:
USAWC
 Subject Terms
Joint Capability Areas:
JCA_5_Command and Control; JCA_6.4.1_Secure Information Exchange; JCA_6_Net Centric; JCA_6.4_Information Assurance; JCA_5.4_Decide; JCA_5.4.3_Establish Rule Sets; JCA_5.2_Understand; JCA_1_Force Support; JCA_4_Logistics; JCA_1.2_Force Preparation; JCA_3_Force Application; JCA_5.5.2_Task; JCA_5.5_Direct; JCA_8_Building Partnerships; JCA_1.2.5_Lessons Learned; JCA_3.1_Maneuver; JCA_1.3_Human Capital Management; JCA_8.2_Shape; JCA_1.2.3_Educating; JCA_3.2_Engagement; JCA_1.3.1_Personnel and Family Support
Communities of Interest:
Human Systems
Descriptor(s):
*LEGISLATION, *MILITARY LAW, *PUNISHMENT, CRIMINAL JUSTICE SYSTEM, HISTORY, MILITARY FORCES(UNITED STATES), STANDARDIZATION
Field(s)/Group(s):
Sociology and Law, Humanities and History
Keyword(s):
MILITARY JUSTICE, COURTS MARTIAL, UNIFORM CODE OF MILITARY JUSTICE, NONJUDICIAL PUNISHMENT, DISCIPLINE, AUTHORITY
Report Date:
1984 Apr 16