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Unlawful command influence
Unlawful command influence or UCI is a legal concept within American military law. UCI occurs when a person bearing "the mantle of command authority"〔''United States v. Stombaugh'', 40 M.J. 208, 211 (C.M.A. 1994). "While the influence may well be unlawful and its effect just as harmful, there is a distinction between influence that is private in nature and influence that carries with it the mantle of official command authority...Each of the unlawful-command-influence cases has involved some mantle of command authority in the alleged unlawful activity." ''See also,'' ''United States v. Kitts'', 23 M.J. 108 (C.M.A. 1986) (court found that a staff judge advocate bore the mantle of command authority and could commit UCI).〕 pressures—or even appears to pressure—military judicial proceedings. Military commanders typically exert significant control over their units, but under the Uniform Code of Military Justice (UCMJ) a commander must take a detached, quasi-judicial stance towards certain disciplinary proceedings such as a court martial. If UCI has occurred, the results of a court martial may be legally challenged and in some cases overturned.
==History==
During World War II, mass mobilization resulted in an unprecedented proportion of the US population serving in the armed forces. As a result, a large portion of the population was exposed to military justice, then governed according to the Articles of War. Over 2 million courts martial were performed under the Articles of War. The reaction was not positive. The public and Congress perceived the Articles of War to grant too much authority to commanders, with harsh and arbitrary results. Congress enacted the UCMJ to engraft civilian forms of due process into the military justice system, while at the same time maintaining the unique authority of the commander.
Under the new system, commanders retain significant formal powers over the military justice system. They refer charges to courts martial, choose from among their subordinates to be members of the panel (the jury), and can authorize or waive entirely the punishment adjudged at trial. However, courts martial are now presided over by military judges, and commanders are specifically directed to remain detached from the proceedings through Article 37 of the UCMJ.
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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