Legal and Normative Analysis of Punitive Orders

This paper examines the military commanders' role in proscribing personal conduct by issuing punitive orders, and the effect these orders have on the continuity and uniformity of the laws each member must follow. The Uniform Code of Military Justice (hereinafter UCMJ) is written by Congress and signed into law by the President. It is intended to be a complete criminal justice code and even contains a general Article criminalizing all conduct prejudicial to good order and discipline, and an assimilation clause incorporating all federal crimes into the UCMJ. The UCMJ is not a complete criminal justice code, however, because the Department of Defense, the services, major and intermediate level commands, and, increasingly installation commanders issue punitive regulations and orders that have the force of law. Some punitive orders even regulate such personal, intimate behaviors such as marriage, dress and appearance, and alcohol consumption. This paper analyzes both the legal and normative aspects of certain punitive regulations.

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