CJAD 306 A Military Justice System

Transcription

1 Columbia College Online Campus P a g e 1 CJAD 306 A Military Justice System Early Fall Session Monday, August 17 Saturday, October 10, 2015 Course Description Textbooks Examination of the history and principles of military justice and comparison of the military and civilian justice systems. Topics include the Uniform Code of Military Justice, military crimes, nonjudicial punishment, jurisdiction of general and special military courts, military judges and panels, self incrimination, search and seizure, pretrial confinement and restraint, plea bargaining, sentencing and appellate review in military courts. Prerequisite: CJAD 101 and junior standing. Proctored Exams: -- none Lawrence J. Morris (2010). Military Justice: A Guide to the Issues. Santa Barbara: Praeger/ABC-CLIO, LLC. ISBN-13: Textbooks for the course may be ordered from MBS Direct. You can order online at (be sure to select Online Education rather than your home campus before selecting your class) by phone at For additional information about the bookstore, visit This book is also available on the Web as an ebook (visit for details). Course Overview Welcome to Military Justice System (CJAD 306), on line! The course will cover the foundation of the military justice system, compare the military and civilian criminal justice systems, analyze military crimes, review the court-martial process and examine the law of war. The student should, upon course completion, be able to explain how our current military justice system evolved, how it presently operates, how its current problems and concerns impact society, as well as how it might be improved. Each week we'll focus on a different aspect of the military justice system with class discussion and other activities that will help us understand the workings of and issues in administration of military criminal justice. Technology Requirements Participation in this course will require the basic technology for all online classes at Columbia College: A computer with reliable Internet access,

2 Columbia College Online Campus P a g e 2 A web browser, Acrobat Reader, Microsoft Office. You can find more details about standard technical requirements for our courses on our site. Course Objectives To appreciate the history and evolution of the Military Justice System To understand the distinctions between the domestic justice system and the military justice system To become exposed to common legal terminology and methods used by professionals in the military justice system To apply military law to real and hypothetical fact situations To enhance the critical thinking, research and writing skills on issues relevant to the military justice system. Measurable Learning Outcomes Grading Describe the history and evolution of the military justice system Explain the difference between the military and civilian justice systems Describe the key features of the Uniform Code of Military Justice Describe and apply the elements of military crimes to specific factual situations Explain the jurisdiction of general and special military courts Explain the roles played by military judges and panels Analyze and apply important procedural protections available to those accused in military courts including the following: o Privilege against self-incrimination o Protection from unfounded search and seizure o Rights during pre-trial confinement Explain the plea bargaining process in military courts Identify the rights available to the accused in a military trial and compare those to rights available in civilian trials Describe the process of sentencing and appellate review in military courts Analyze and interpret judicial decisions, code provisions and case studies on military issues Appraise current literature, materials and developments regarding military justice Grading Scale GRADE POINTS PERCENT A B C D F Grade Weights ASSIGNMENT POINTS PERCENT Discussions (13) Homework Papers (6) Project Assignments (4) Research Paper Final Exam Total

3 Columbia College Online Campus P a g e 3 Schedule of Due Dates WEEK ASSIGNMENT POINTS DUE Discussion 1 Introduction & Responses 10 Wednesday Discussion 2 - Initial Post 5 Thursday 1 Discussion 2 - Responses 5 Saturday Homework Discussion 3 - Initial Post 5 Thursday Discussion 3 - Responses 5 Saturday Homework 2 30 Project 1 60 Sunday 3 Discussions 4 & 5 - Initial Posts 10 Thursday Discussions 4 & 5 - Responses 10 Saturday Homework 3 30 Project 2 60 Sunday 4 Discussions 6 & 7 - Initial Posts 10 Thursday Discussions 6 & 7 - Responses 10 Saturday Homework Discussions 8 & 9 - Initial Posts 10 Thursday Discussions 8 & 9 - Responses 10 Saturday Homework 5 30 Project 3 60 Sunday 6 Discussion 10 - Initial Post 5 Thursday Discussion 10 - Responses 5 Saturday Project 4 60 Sunday 7 Discussions 11 & 12 - Initial Posts 10 Thursday Discussions 11 & 12 - Responses 10 Saturday Research Paper 250 Sunday 8 Discussion 13 - Initial Post 5 Thursday Discussion 13 - Responses 5 Homework 6 30 Saturday Final Exam 200

4 Columbia College Online Campus P a g e 4 Assignment Overview Homework and Project Assignments: Homework and project assignments will be graded on how they portray your understanding of the material and the professionalism of their presentation. Homework assignments should be 2½ - 3 pages in length, utilize Times New Roman, 12-point font and 1-inch margins, and be double-spaced. Project assignments should be 3½ - 4 pages in length and use the same format as the homework assignments. All written assignments need to use the APA style, cite borrowed material, and be submitted via the Dropbox. Please complete them using Microsoft Word. Research Paper: The Research Paper must cover the court-martial process from offense to final appeal. You should assume you ve been arrested and charged with a major crime. You must discuss the issues of due process, search and seizure, self-incrimination, the right to counsel, and any other constitutional protections to which you would or would not be entitled. Compare and contrast this process with the civilian trial process. You must also include a discussion of the arrest/interrogation procedures and any punishment you would be facing for the offense. You must conclude with your overall impression of the military justice system as compared to the civilian system. I expect a high level of quality on this paper. It should be eight pages in length, not including the title, abstract and reference pages, with a minimum of five resources all completed in APA format. Please use Microsoft Word with Times New Roman, 12-point font, 1-inch margins, and double-spacing. Submit the Research Paper via the Dropbox. Discussions: Weekly discussions must be completed in the following manner: The initial post must be submitted each week by Thursday at 11:59 p.m. (5 points possible). Two additional responses to other students posts must be submitted by Saturday at 11:59 p.m. (5 points possible). The point maximum for the week, per Discussion, is 10. Comments such as Good idea or I agree with you are not sufficient to earn points. Your comments should be substantive and encourage additional responses from other students. A group posting will only count as a single post. Final Exam: The Final Exam will be a timed test taken online. You will be allowed 120 minutes to answer objective questions (multiple-choice, fill-in-the-blank, and true/false) and short-answer questions requiring you to apply military law to hypothetical fact situations. The Final will be available online anytime between Monday and midnight Saturday of Week 8. Course Schedule Week 1 The Theory and History of American Military Justice s Chapter 1: Why a Military Justice System? Chapter 2: Founding of the Republic to Modern Times Discussion 1: Due by Wednesday Introduce yourself to the class. Give us some interesting facts about yourself and describe any relationship that you have had or currently have with any military organization. Have you been, or are you currently, an active duty member or spouse/child of a military member? If you have been involved with one of the military services, where did you serve or where did you live and what type of job did the military member have? Comment on at least two other students postings. Discussion 2: Your initial post is due by Thursday; additional posts due by Saturday. After reading the article "Is a separate military system of justice necessary?" beginning on page 36,

5 Columbia College Online Campus P a g e 5 do you agree with Professor Bishop s arguments about the unsuitability of civilian criminal courts to enforce military justice? Would efficiency and justice both be served if military courts tried all military offenses plus civilian crimes committed outside the United States, leaving civilian jurisdiction to prosecute ordinary crime among servicemembers? Comment on at least two other students postings. Homework 1: Due by Saturday Write a 2½- to 3-page paper, in proper APA format, responding to the question: Does the fact that the military justice system differs in many respects from the civilian system mean that the former is inferior? Does the military justice system provide the military accused with the same protections as does the civilian system? Can a military accused receive due process in the military justice system? The title and abstract pages are not required, but a reference page is required. Week 2 Basics of the Military Justice System: Structure and Levels of Military Courts Chapter 3: Structure and Levels of Military Courts Discussion 3: Your initial post is due by Thursday; additional posts due by Saturday. Article 2 of the UCMJ subjects certain retired personnel to court-martial jurisdiction. Is there a plausible basis for doing so? Assuming there is, should that jurisdiction extend to all offenses under the code, or should there be some limitation? Comment on at least two other students postings. Homework 2: Due by Saturday Article 2 (a)(13), as added by the Military Commissions Act of 2006, extended court-martial jurisdiction to lawful enemy combatants, while alien unlawful combatants were subjected to trial by military commissions. Why subject these two categories of accused to different forums and rules? Write a 2½- to 3-page paper, in proper APA format, responding to the question. The title and abstract pages are not required, but a reference page is required. Project 1: Due by Sunday In 2006, Congress amended Art. 2(a)(10), UCMJ, 10 USC 802(a)(10), to subject those serving with or accompanying the armed forces in the field in time of declared war or contingency operation to court-martial jurisdiction. The statute had long included such a provision but it applied only in time of war, a phrase understood to mean war formally declared by Congress. Was the 2006 amendment necessary? To whom does it apply: civilian government employees, government contractors, embedded journalists? Was it desirable? Is it constitutional? If you were general counsel to a private security company doing business in a combat area, what would you advise your client to do in light of the legislation? Write a 3½- to 4-page paper, in proper APA format, responding to these questions. The title and abstract pages are not required, but a reference page is. Week 3 Basics of the Military Justice System: The Investigative and Pretrial Processes Chapter 4: The Investigative and Pretrial Processes Discussion 4: Your initial post is due by Thursday; additional posts due by Saturday. In this week's conference thread, we will discuss the issue of pretrial restraint. What is pretrial restraint? Who has the authority to confine a service-member, and what are the requirements that must be met in order to do so? When deciding whether to grant pretrial release, a judge looks at the offense, the evidence, and the defendant's family ties, employment, financial resources, character,

6 Columbia College Online Campus P a g e 6 mental condition, length of residence in the community, and criminal record. To which of these do you think the judge should give the greatest weight? Explain your answer. Discussion 5: Your initial post is due by Thursday; additional posts due by Saturday. The Supreme Court has ruled that an accused is denied his Sixth Amendment right to a jury trial when the jury is composed of fewer than six persons. It has further ruled that where the jury is composed of six persons, their verdict must be unanimous. Despite these rulings, military courts are composed of fewer than six members with only a majority verdict necessary for conviction. Unconstitutional? Why or why not? Comment on at least two other students postings. Homework 3: Due by Saturday The Article 32 Investigation is the military equivalent of the Grand Jury Investigation. Write a 2½- to 3-page paper, in proper APA format, summarizing the unique aspects of the Article 32 Investigation. Compare the two investigations and identify the areas in which they differ. Which do you believe is the better of the two and why? The title abstract pages are not required, but a reference page is required. Project 2: Due by Sunday Write a 3½- to 4-page paper, in proper APA format, discussing the court-martial panel. Is a courtmartial panel sufficiently different from a civilian jury to make the empirical research upon which the Supreme Court relied in Ballew and Burch inapplicable? Regardless of whether a constitutional challenge would be successful, as a matter of policy should Congress alter the court-martial size and vote requirements to meet the constitutional minimums that the Court has established for civilian criminal trials? The title and abstract pages are not required, but a reference page is. Week 4 Basics of the Military Justice System: Defining Criminal Conduct in a Unique Society Chapter 5: Defining Criminal Conduct Discussion 6: Your initial post is due by Thursday; additional posts due by Saturday. Unauthorized absence or AWOL is the most frequently committed crime in the military. These crimes consist of service-members failure to go to their appointed place of duty, leaving the place of duty, and absence without leave. Excluding times of war, do you believe that these are crimes that warrant court-martial? Discussion 7: Your initial post is due by Thursday; additional posts due by Saturday. A commissioned officer is prohibited from using contemptuous words against the President, the Vice President, Congress, the Secretary of Defense, etc. Given the level of controversy surrounding the former President, do you believe that publicly expressing a negative opinion about the President, even though truthful, warrants court-martial? Homework 4: Due by Saturday It has been argued that prosecution for adultery is applied inconsistently and unfairly, given that senior officers are allowed to retire, whereas enlisted and junior officers face prison sentences. Write a 2½- to 3-page paper, in proper APA format, discussing whether or not these claims have merit. The title and abstract pages are not required, but a reference page is. Week 5 Basics of the Military Justice System: The Trial and Appellate Processes

7 Columbia College Online Campus P a g e 7 Chapter 6: The Trial and Appellate Processes Discussion 8: Your initial post is due by Thursday; additional posts due by Saturday. Compare the requirements for obtaining a search warrant in the civilian system with the requirements for obtaining search authorization in the military justice system. Which system provides the accused with the greatest protection? Comment on at least two other students postings. Discussion 9: Your initial post is due by Thursday; additional posts due by Saturday. What is your opinion of the death penalty system? Would you recommend placing limits on appeals? What, if any, changes would you recommend? Why? Comment on at least four other students postings. Homework 5: Due by Saturday Military law follows an area of control approach to Commander-authorized searches. Search authority extends not only to servicemembers but also to civilians. Should commanders be allowed to authorize searches of civilians on military installations? Write a 2½ - 3-page paper, in proper APA format, discussing this issue. The title and abstract pages are not required, but a reference page is. Project 3: Due by Sunday Review RCM 1004, RCM 1006, and the article on the military death penalty. Write a 3½- to 4-page paper, in proper APA format, discussing the article and the four gates necessary in a military death penalty case. The title and abstract pages are not required, but a reference page is. Week 6 Implementing the Uniform Code of Military Justice Chapter 7: Implementing the Uniform Code of Military Justice Discussion 10: Your initial post is due by Thursday; additional posts due by Saturday. Review the story of LT Kelly Flinn, the Air Force s first female B-52 pilot. Did her actions warrant court-martial charges for adultery? Failure to obey a lawful order? Why or why not? What other options were available to the commander? Project 4: Due by Sunday During the Aberdeen Proving Ground scandal of , several Army officers and noncommissioned officers at that training installation were found to have had improper relationships with trainees. The issue of unlawful command influence was raised concerning statements made by Army leadership, including the secretary of the Army, about zero tolerance for such behavior, and whether such statements constituted unlawful influence because of the potential impact on those involved in the justice process. Take a look at the Ten Commandments of Unlawful Command Influence on page 142 in your text and write a 3½- to 4-page paper, in proper APA format, discussing this issue. The title and abstract pages are not required, but a reference page is. Course Evaluations Please evaluate the course. A link will be sent to your CougarMail that will allow you to access the evaluation. Week 7 There s More to Military Justice than Courts-Martial Chapter 8: Non-Judicial Punishment and Administrative Separations Discussion 11: Your initial post is due by Thursday; additional posts due by Saturday.

8 Columbia College Online Campus P a g e 8 The Constitution and the Manual for Courts-Martial prohibit an individual from being tried or punished twice for the same misconduct. However, an Article 15 NJP proceeding does not preclude a later court-martial for the same misconduct. Double jeopardy? Why or why not? Discussion 12: Your initial post is due by Thursday; additional posts due by Saturday. A servicemember may refuse NJP and demand trial by court-martial unless the member is attached to or embarked on a vessel. This is referred to as the vessel exception. Should this exception be allowed? Why or why not? Is there the potential for abuse? Explain. Research Paper: Due by Sunday Please follow the APA guidelines to write a paper detailing the court-martial process from offense to final appeal. Compare and contrast this process with the civilian trial process. See the course Content area in D2L for more information. The paper should be eight pages in length not including the title, abstract, and reference pages, and include a minimum of five resources. Week 8 Back to the Future: Military Commissions to Try War Criminals Chapter 9: Military Commissions to Try War Criminals Discussion 13: Your initial post is due by Wednesday; additional posts due by Saturday. Looking back over the past eight weeks of material, discuss your thoughts about the current military system. Are courts-martial or civilian courts better able to protect good order and discipline? Are courts-martial or civilian courts better able to protect the rights of the accused? Will courts-martial or civilian courts reach more just results? Comment on at least two other students postings. Homework 6: Due by Saturday Review the commission material available on the government website on detainee operations. Review charge sheets, rules, status of cases, and rulings in various cases, including both the Combatant Status Review Tribunal and the Annual Review Board results. Write a 2½- to 3-page paper, in proper APA format, summarizing your findings. The title and abstract pages are not required, but a reference page is. Final Exam: Due by Saturday The Final Exam will be a timed test taken on line in the Quizzes area of the course. You will be allowed 90 minutes to take the exam, which will consist of objective questions (multiple-choice, fillin-the-blank, and true/false) and short-answer questions. The Final will be available to take anytime between Monday and midnight Saturday of Week 8. Course Policies Student Conduct All Columbia College students, whether enrolled in a land-based or online course, are responsible for behaving in a manner consistent with Columbia College's Student Conduct Code and Acceptable Use Policy. Students violating these policies will be referred to the office of Student Affairs and/or the office of Academic Affairs for possible disciplinary action. The Student Code of Conduct and the Computer Use Policy for students can be found in the Columbia College Student Handbook. The Handbook is available online; you can also obtain a copy by calling the Student Affairs office (Campus Life) at The teacher maintains the right to manage a positive learning environment, and all students must adhere to the conventions of online etiquette.

9 Columbia College Online Campus P a g e 9 Plagiarism Your grade will be based in large part on the originality of your ideas and your written presentation of these ideas. Presenting the words, ideas, or expression of another in any form as your own is plagiarism. Students who fail to properly give credit for information contained in their written work (papers, journals, exams, etc.) are violating the intellectual property rights of the original author. For proper citation of the original authors, you should reference the appropriate publication manual for your degree program or course (APA, MLA, etc.). Violations are taken seriously in higher education and may result in a failing grade on the assignment, a grade of "F" for the course, or dismissal from the College. Collaboration conducted between students without prior permission from the instructor is considered plagiarism and will be treated as such. Spouses and roommates taking the same course should be particularly careful. All required papers may be submitted for textual similarity review to Turnitin.com for the detection of plagiarism. All submitted papers may be included in the Turnitin.com reference database for the purpose of detecting plagiarism. This service is subject to the Terms and Conditions of Use posted on the Turnitin.com site. Non-Discrimination There will be no discrimination on the basis of sex, race, color, national origin, sexual orientation, religion, ideology, political affiliation, veteran status, age, physical handicap, or marital status. Disability Services Students with documented disabilities who may need academic services for this course are required to register with the Coordinator for Disability Services at (573) Until the student has been cleared through the disability services office, accommodations do not have to be granted. If you are a student who has a documented disability, it is important for you to read the entire syllabus before enrolling in the course. The structure or the content of the course may make an accommodation not feasible. Online Participation You are expected to read the assigned texts and participate in the discussions and other course activities each week. Assignments should be posted by the due dates stated on the grading schedule in your syllabus. If an emergency arises that prevents you from participating in class, please let your instructor know as soon as possible. Attendance Policy Attendance for a week will be counted as having submitted a course assignment for which points have been earned during that week of the session or if the proctoring information has been submitted or the plagiarism quiz taken if there is no other assignment due that week. A class week is defined as the period of time between Monday and Sunday (except for Week 8, when the week and the course will end on Saturday at midnight). The course and system deadlines are all based on the Central Time Zone. Cougar All students are provided a CougarMail account when they enroll in classes at Columbia College. You are responsible for monitoring from that account for important messages from the College and from your instructor. You may forward your Cougar account to another account; however, the College cannot be held responsible for breaches in security or service interruptions with other providers. Students should use for private messages to the instructor and other students. The class

10 Columbia College Online Campus P a g e 10 discussions are for public messages so the class members can each see what others have to say about any given topic and respond. Late Assignment Policy An online class requires regular participation and a commitment to your instructor and your classmates to regularly engage in the reading, discussion and writing assignments. Although most of the online communication for this course is asynchronous, you must be able to commit to the schedule of work for the class for the next eight weeks. You must keep up with the schedule of reading and writing to successfully complete the class. Discussion assignments may not be made up. The only way to conduct a productive discussion online is to reply promptly. If you miss the opportunity to post your response by the deadline, you will receive a "zero" for that particular discussion topic. A single, weekly post to the discussion will meet the minimum requirements (5 points) and keep you from getting a zero for the week. Homework and project assignments submitted late will result in the score being reduced by 5 points for each day the paper is late. Research papers submitted late will result in the score being reduced by one letter grade for each day the paper is late. Late homework assignments will not be accepted after midnight on the Tuesday following the due date; late project papers will not be accepted after midnight on the Wednesday following the due date. Non-submission of an assignment will result in a grade of zero for that task. Exams will not be accepted if submitted late unless prior arrangements have been made. If authorization to turn in an exam after the deadline has been given, ten percent (10%) of the total point amount will be deducted. Course Evaluation You will have an opportunity to evaluate the course near the end of the session. A link will be sent to your CougarMail that will allow you to access the evaluation. Be assured that the evaluations are anonymous and that your instructor will not be able to see them until after final grades are submitted. Additional Resources Orientation for New Students This course is offered online, using course management software provided by Desire2Learn and Columbia College. The Student Manual provides details about taking an online course at Columbia College. You may also want to visit the course demonstration to view a sample course before this one opens. Technical Support If you have problems accessing the course or posting your assignments, contact your instructor, the Columbia College Helpdesk, or the D2L Helpdesk for assistance. Contact information is also available within the online course environment. CCHelpDesk@ccis.edu ex helpdesk@desire2learn.com Online Tutoring

11 Columbia College Online Campus P a g e 11 Smarthinking is a free online tutoring service available to all Columbia College students. Smarthinking provides real-time online tutoring and homework help for Math, English, and Writing. Smarthinking also provides access to live tutorials in writing and math, as well as a full range of study resources, including writing manuals, sample problems, and study skills manuals. You can access the service from wherever you have a connection to the Internet. I encourage you to take advantage of this free service provided by the college. Access Smarthinking through CougarTrack under Students->Academics->Academic Resources.