A

UNIFORM CODE OF MILITARY JUSTICE

UNIFORM CODE OF MILITARY JUSTICE (UCMJ) replaced the traditional system known as the Articles of War, which governed the conduct of military personnel from 1775 to the UCMJ's passage in 1950. The Articles of War contained eighteenth-century language inappropriate to the post–World War II military and contained separate legal systems for the army and navy. The UCMJ was a product of the newly created Office of the Secretary of Defense, which centralized and regularized many facets of military life.

The UCMJ was written entirely by civilians, with Secretary of Defense James Forrestal making many of the key decisions himself. The UCMJ more closely aligned military justice procedure with civilian federal procedure, though it delegated to the president the authority to modify rules of evidence and other procedures. In 1951, President Harry Truman issued his Manual for Courts-Martial, which directs military courts on the implementation of the UCMJ.

In many of its aspects, the UCMJ is significantly more restrictive than civilian law. For example, the UCMJ restricts the First Amendment right of free speech and more closely regulates the sexual behavior of military members, specifically forbidding homosexuality and adultery. These features of the UCMJ have drawn the most criticism in recent years.

BIBLIOGRAPHY

Byrne, Edward. Military Law: A Handbook for the Navy and Marine Corps. Annapolis, Md.: Naval Institute Press, 1981.

Michael S. Neiberg

See also "Don't Ask, Don't Tell"; Military Law.