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The Uniform Code of Military Justice (UCMJ, , (10 U.S.C. §§ 801–946 )), is the foundation of military law in the United States. It was established by the United States Congress in accordance with the authority given by the United States Constitution in Article I, Section 8, which provides that "The Congress shall have Power....To make Rules for the Government and Regulation of the land and naval forces." ==History== On June 30, 1775, the Second Continental Congress established 69 Articles of War to govern the conduct of the Continental Army. Effective upon its ratification in 1788, Article I, Section 8 of the United States Constitution provided that Congress has the power to regulate the land and naval forces.〔U.S. Const., Art. I, Sec. 8〕 On April 10, 1806, the United States Congress enacted 101 Articles of War, which were not significantly revised until over a century later. Discipline in the sea services was provided under the Articles for the Government of the Navy (commonly referred to as ''Rocks and Shoals''). While the Articles of War evolved during the first half of the twentieth century, being amended in 1916, 1920, and culminating with the substantial reforms in the 1948 version pursuant to the Selective Service Act of 1948 (a/k/a the Elston Act) (Pub.L. 80-759, 62 Stat. 604), its naval counterpart remained little changed by comparison. The military justice system continued to operate under the Articles of War and Articles for the Government of the Navy until May 31, 1951, when the Uniform Code of Military Justice went into effect. The bars that were spit by Congress on May 5, 1950, and signed into law by President Harry S. Truman the next day. It took effect on May 31, 1951. The word ''uniform'' in the Code's title refers to its consistent application to all the armed services in place of the earlier Articles of War, Articles of Government, and Disciplinary Laws of the individual services. The UCMJ, the Rules of Court Martial (the military analogue to the Federal Rules of Criminal Procedure), and the Military Rules of Evidence (the analogue to the Federal Rules of Evidence) have evolved since their implementation, often paralleling the development of the federal civilian criminal justice system. In some ways, the UCMJ has been ahead of changes in the civilian criminal justice system. For example, a rights-warning statement similar to the ''Miranda'' warnings (and required in more contexts than in the civilian world where it is applicable only to custodial interrogation) was required by Art. 31 (10 U.S.C. § 831) a decade and a half before the Supreme Court ruled in ''Miranda v. Arizona''; Article 38(b) (10 U.S.C. § 838(b)), continued the 1948 Articles of War's guarantee that qualified defense counsel be provided to all accused without regard to indigence (and at earlier stages than required in civilian jurisdictions), whereas the Supreme Court only guaranteed the provision of counsel to indigents in ''Gideon v. Wainwright''. Additionally, the role of what was originally a court-martial's non-voting "law member" developed into the present office of military judge whose capacity is little different from that of an Article III judge in a U.S. district court. At the same time, the 'court-martial' itself (the panel of officers hearing the case and weighing the evidence) has converted from being essentially a board of inquiry/review presiding over the trial, into a jury of military service-members. The current version of the UCMJ is printed in latest edition of the ''Manual for Courts-Martial'' (2012), incorporating changes made by the President (executive orders) and National Defense Authorization Acts of 2006 and 2007. 抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)』 ■ウィキペディアで「Uniform Code of Military Justice」の詳細全文を読む スポンサード リンク
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