Document Type

Article

Publication Date

8-2014

Abstract

Unlawful command influence (UCI) has rightfully been called the mortal enemy of military justice. This concern stems back to the injustices that occurred during both World War I and II. The reaction to these events was a law—the Uniform Code of Military Justice (UCMJ)—in 1950. A provision within the UCMJ provides that it is improper and unlawful for any person to attempt to influence the action of an appointing or reviewing authority or the action of any court-martial in reaching its verdict or pronouncing sentence. In modern practice, the most common but nebulous type of UCI is the appearance of UCI. Its appearance exists where an objective and disinterested observer who is fully informed of all of the facts and circumstances would harbor a significant doubt about the fairness of the court-martial proceedings. Commanders who rely on a properly functioning military justice system in their quest for good order and discipline, and the Staff Judge Advocates (SJAs) who advise them, must remember three central tenants of military justice: commanders at every level must be free to act with independent discretion; the accused Soldier must be free to build his case without outside influences limiting the full ability to obtain evidence and witnesses with full commitment to the justice process; and members of the court-martial must be free to decide the case on the merits and, as necessary, a proper sentence based only on the evidence presented, law as instructed by the military judge, and arguments of counsel

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