Unlawful command influence (UCI) is a legal concept within American military law. UCI occurs when a person bearing "the mantle of command authority"[1] uses or appears to use that authority to influence the outcome of military judicial proceedings. Military commanders typically exert significant control over their units, but under the Uniform Code of Military Justice (UCMJ) a commander must take a detached, quasi-judicial stance towards certain disciplinary proceedings such as a court-martial. Outside of certain formal actions authorized by the UCMJ,[2] a commander using their authority to influence the outcome of a court-martial commits UCI. If UCI has occurred, the results of a court-martial may be legally challenged and in some cases overturned.
- ^ United States v. Stombaugh, 40 M.J. 208, 211 (C.M.A. 1994). "While the influence may well be unlawful and its effect just as harmful, there is a distinction between influence that is private in nature and influence that carries with it the mantle of official command authority ... Each of the unlawful-command-influence cases has involved some mantle of command authority in the alleged unlawful activity." See also, United States v. Kitts, 23 M.J. 108 (C.M.A. 1986) (court found that a staff judge advocate bore the mantle of command authority and could commit UCI).
- ^ For instance, if subordinate commanders forward a case to a higher commander for resolution, the subordinate commander is required to give a recommendation on proper disposition of a case. Commanders also formally make a determination on whether a case will be tried at court martial.