What is the UCMJ Article 15?
The Uniform Code of Military Justice (UCMJ) Article 15 is a federal law that outlines the rights of all U.S. service members in regards to disciplinary action. Specifically, it is the primary form of non-judicial punishment that is used by the military to enforce order and discipline in the ranks. In the state of Minnesota, military law falls under the jurisdiction of the federal government. Under Article 15, commanders have the authority to impose punishments, such as reduction in rank, forfeiture of pay or extra duties. The process begins when a service member is accused of committing an infraction of military law. The service member has the right to be informed of the charges and the right to refuse to answer any questions. The accused then has the right to appear before the commander and make statements and/or present evidence on his or her behalf. The commander then has the authority to determine if the accused is guilty and impose an appropriate punishment, depending on the severity of the infraction. Punishments may include a reprimand or a warning, extra duties, reduction in rank, or forfeiture of pay. The accused also has the right to appeal the punishment, with the appeal going to the service member’s immediate commander. The accused may then appeal to higher and higher levels of authority. In Minnesota, service members accused of an infraction of military law can request assistance from an attorney. Attorneys can advise service members of their rights throughout the process and assist in the appeal process, if necessary.
Related FAQs
What is a plea bargain in a court-martial?What are the rights of an accused in a court-martial?
What is the Military Rules of Evidence (MRE) 603?
What is the Uniform Code of Military Justice (UCMJ) Article 99?
How is a court-martial different from a criminal trial?
What is the Uniform Code of Military Justice (UCMJ) Article 134?
What is the difference between a summary court-martial and a special court-martial?
How does the Sixth Amendment apply to court-martial proceedings?
What is the role of a military defense attorney?
What is a counter-motion in a court-martial?
Related Blog Posts
Military Law – What You Need to Know - July 31, 2023Understanding the Different Types of Military Law - August 7, 2023
Navigating Military Courts and Procedures - August 14, 2023
A Guide to Military Service Member Rights - August 21, 2023
Understanding Military Court Martial Laws - August 28, 2023