Naval and Military Justice Context
Naval and Military Justice Context
This domain tests how Navy and Marine Corps justice differs from the civilian system and where NCIS fits. You need the UCMJ, the Manual for Courts-Martial, command authority, and the rights that attach to military suspects and victims.
Core rules
- The UCMJ is federal criminal law for service members. Common offenses include Article 86 absence, Article 92 failure to obey, Article 107 false official statement, Article 120 sexual assault, Article 121 larceny, Article 118 murder, and Article 134 general offenses.
- Article 31(b) requires warnings before questioning a military suspect about an offense. It is broader than Miranda in some respects because it is not limited to custodial interrogation.
- Commanders may dispose of offenses through nonjudicial punishment under Article 15 or refer cases to court-martial. Article 32 hearings are pretrial investigations, not trials.
- NCIS is an investigative agency. It gathers facts and evidence; command and legal officials decide charging and disposition. Investigators should not lobby for a particular outcome.
- Victims have rights under military law, including rights to be informed and protected from retaliation. Unlawful command influence is prohibited.
Worked example
A chief petty officer is suspected of larceny from a unit fund. Before questioning, confirm his status, give Article 31(b) warnings, and document waiver. Notify the command and coordinate with legal counsel, but do not let a commander direct you to obtain a confession or drop exculpatory evidence. The command decides disposition; you document facts.
Traps
Treating Article 31(b) as identical to Miranda; assuming a commander can order a suspect to confess; ignoring victim rights; and confusing an Article 32 hearing with a trial.