NCR Code of Military Justice

This form is a code of law and behavior for all personnel currently enlisted in the New California Republic Army.

## **Expectations of Conduct**

All service members of the NCR are expected to uphold these following principles as stated in their oath of enlistment or commissioning.

- To bear allegiance to the New California Republic and its Constitution.

- To support and defend the New California Republic against all enemies, Foreign and Domestic

- To obey all lawful orders of the President of the New California Republic, and of all superior officers.

All personnel, active duty or off duty, are expected to abide by all laws of the New California Republic. This forbids all activity including or related to the following.

* Prostitution
* Gambling
* Slavery
* Drug Abuse
* Public Intoxication and Disorderly Conduct.

All On Duty personnel are expected to be in full uniform at all times during NCRA operations and while on duty. Uniform regulations are stated and explained further in the Dress Code section below.

Failure to comply with the above may lead to disciplinary action, Judicial and Non-Judicial. All personnel in the NCRA are eligible to be tried under court martial for severe infractions.

## **Crime and Punishment**

Punishment in the NCR COMJ is divided between the categories of **Judicial** and **Non-Judicial** Punishment.

* **Judicial Punishment** is punishment determined after being found guilty during a court martial, generally only considered after major offenses.

* **Non-Judicial Punishment** is punishment given typically for less severe or minor offenses. These are generally much less severe, and are given by NCO’s and Officers in the field to allow them better control over disorderly troops. These punishments must best fit the severity of the offense and may not be unusually cruel or arbitrarily given. These may include, but are not limited to, the following, with officers encouraged to find new and creative, but not harmful, punishments to supplement.

### **Judicial Punishment**

* Loss of Rank
* Other Than Honorable Discharge
* Dishonorable Discharge
* Execution via Firing Squad
* Execution via Hanging
* Barred from reenlistment

### **Non-Judicial Punishment**

* Reprimand
* Forfeiture of Pay
* Extra Duty
* Diminished Rations
* Confinement to Base
* Confinement to Brig
* Loss of Rank (This punishment can only be given with the express permission and approval of an officer with the rank of Captain or higher.)

## **Court Martial**

A court martial is a legal proceeding for military members that is similar to a civilian court trial. It is usually reserved for serious criminal offenses like felonies. For less serious criminal offenses or breaches of military decorum and regulations, a Non-Judicial Punishment (NJP) is administered on site.

Court martials are held outside the base by the New California Republic; judiciary held by the Republic courts. Court martials are held; accepted; or denied by the present Command Theater in for example in Yuma by the Sonoran High Command Theater. These court hearings are then decided by the judicial branch and followed by a set time, location and verdict by the Command Theater.

This means that no one on base has the power to call for a Court Martial or Court Hearing and must request by Reports to have one held - the status of approval is then decided by the Command Theater.

IF THINGS COME TO WORSE - THE aCO or MP in the base has the ABILITY TO CALL FOR AID from the present Theater about any prisoner … this DOES NOT MEAN it will be answered.

A summary; court martial consists of one commissioned officer who serves as judge and jury in this case any rank above Captain holds this court martial. It can hear cases only involving enlisted personnel for less serious offenses. The accused has the right to cross-examine witnesses, to call witnesses and produce evidence, and to testify or remain silent. While they don't have the right to a free military attorney, they may hire their own and be represented by an attorney at the proceedings. A summary court martial can impose sentences up to confinement, hard labor, forfeiture of pay and reduction in rank.

### General Court Martial

A general court martial consists of a panel of not less than two members of High Command and a military judge. This is not to say the panel cannot be extended past the number of two minimums, or an accused may be tried by military judge alone on their request but this does not guarantee that their request will be accepted. Enlisted members may request that the panel has or consists of at least one enlisted officer bearing the rank of Lieutenant or Captain.

A general court-martial is often characterized as a felony court, and may try anyone subject to the COMJ, including enlisted members, officers, and rangers. The accused has a right to be represented by a free military attorney or may hire their own civilian lawyer. A general court-martial may deliver any punishment not prohibited by the COMJ, including death when specifically authorized.

### Special Court Martial

A special court martial consists of a panel of not less than two members of High Command and a military judge, or an accused may be tried by military judge alone on their request but this does not guarantee that their request will be accepted. Enlisted members may request that the panel be made up of at least one enlisted officer bearing the rank of Lieutenant or Captain.

A special court martial is often characterized as a misdemeanor court, and may try anyone subject to the COMJ, including enlisted members, officers and rangers.

A special court martial may impose any punishment except death, dishonorable discharge, dismissal, confinement for more than 1 year, hard labor without confinement for more than 3 months, forfeiture of pay exceeding two-thirds pay per month, or any forfeiture of pay for more than 1 year … special court martials may have different hearings and punishments given due to their nature and due to the exemption of the death penalty.

The accused has a right to be represented by a free military attorney or may hire their own civilian lawyer.

If found guilty, members can receive a bad conduct discharge, confinement of up to 1 year, hard labor without confinement for up to 3 months and forfeiture of up to two-thirds their monthly pay for up to 1 year. Enlisted members may be reduced to the lowest enlisted pay grade, officers found guilty in a special court-martial can't be reduced in rank or discharged as a sentence of special court martial.

### Officer Court Martial

An Officer court martial consists of a panel of not less than two members of High Command and a military judge, or an accused may be tried by military judge alone on their request but this does not guarantee that their request will be accepted. Commissioned officers CAN NOT request that the panel be made up of at least one enlisted officer bearing the rank of Lieutenant or Captain due to the nature of the court martial.

An Officer court martial is often characterized as a whole-rounded court, and may try any Officer subject to the COMJ, including Rangers.

The accused has a right to be represented by a free military attorney or may hire their own civilian lawyer.

An Officer court martial may impose any punishment: dishonorable discharge, dismissal, confinement for more than 1 year, hard labor without confinement for more than 3 months, forfeiture of pay exceeding two-thirds pay per month, or any forfeiture of pay for more than 1 year, the death penalty … Officer court martials may have different hearings and punishments given due to their nature.

### **List of Offenses**

The table below lists an array of offenses that are subjectable to either JP or an NJP. Those that are subjectable to a JP will be noted with **MO** for **Major Offense**.

## Criminals and Prisoners of War

Prisoners of the NCRA are generalized into the two categories of Criminals and Prisoners of War (POW).

### **Criminals**

Criminals are individuals not part of an organization, nation, or army considered to be in a state of war or hostilities with the NCR, and have -

* Broken NCR laws inside of NCR held territory.
* Committed an act of terror against NCR citizens or NCRA personnel.
* Intentionally undermined or harmed NCR/NCRA operations or efforts.
* Destroyed or stolen NCR/NCRA property and/or equipment.

Criminals are protected under NCR laws and must be treated humanely and be provided with basic human necessities such as food, clothing, and shelter. Criminals may not be abused or harmed for any reason while in captivity and are non-resisting. Criminals who attempt to resist or escape may have non-lethal action used to contain them.

Criminals may not be used for forced labor or to perform jobs that would be hazardous for their health and safety, and instead must be sent West to be processed into the Correctional Program if they wish to work off their sentence. NCR citizens or those who are citizens part of a foreign nation not in current hostilities with the NCR will be granted the right to a court and jury - they may not be punished by NCRA forces without due process. This protection does not include those without proof of citizenship - these individuals fall under NCRA jurisdiction fully and punishments may be given by a CO or Command.

### **Prisoners of War**

Prisoners of War are individuals who are members of an organization, nation, or army that are in a current state of war with the NCR. POW’s are protected under NCR law and must be treated humanely and be provided with basic human necessities such as food, clothing, and shelter. POW’s may not be abused or harmed while in captivity and are non-resistant, though Non-Lethal action may be used to contain them if they resist or attempt escape.

POW’s may not be used for forced labor under any circumstance, or to be used to draw out or fool hostile forces into an ambush. POW’s may not be executed without clearance from the current Commanding Officer or Acting Commanding Officer. POW’s may also not be traded, exchanged, or released without authorization from High Command. Any found involved with an unauthorized release of a POW may be charged with Sedition or Treason.

## **Dress Code**

All On Duty personnel are expected to abide by and follow all uniform regulations, are expected to be in full uniform during all NCR operations or while on post or duty, and may not change or remove uniform without authorization from their current Commanding Officer or an Acting Commanding Officer. Failure to be in uniform may result in disciplinary action at the discretion of Officers or NCOs.

Every soldier is to be supplied with and be in their rank and specializations proper uniform before the start of their current shift. All On Duty personnel are to remain in said uniform during the entirety of their shift.

The Commanding Officer or Acting Commanding Officer may authorize changes to uniform at their discretion due to shifting conditions in the field. Any authorized changes to uniform must always leave personnel easily identifiable as members of the NCR, and cannot mask their identity as NCR personnel. Whenever conditions shift back to a state of normalcy or peace, said authorization must be revoked and affected soldiers returned to proper uniform.

All personnel must keep their hair well groomed, and to have it kept to a natural color. Bright and exotic dyes are prohibited for use, though personnel may dye their hair to another color so long as it is a natural hair color. Hair must be cut to a length that goes no further than the shoulderblades, or can be tied off into a ponytail or bun, and must fit underneath a helmet.

Helmets or Covers may be taken off while indoors if appropriate.

Hairstyles that do not allow personnel to correctly wear any headgear are prohibited. It includes any hairstyle where the length or bulk interferes with the headgear fit. Hair with a length past the shoulder blades must be able to be tied into a bun or ponytail, and made to fit underneath a helmet or cover.

Hair color must remain natural or be used with a dye, tint, or bleach that reflects a natural hair color. Unnatural, artificial hair colors that detract from a professional military appearance is not allowed.