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Uniform Code of Military Justice

The Uniform Code of Military Justice is the foundation of military law in the United States. Ask questions about the UCMJ here.

242 Questions

What ucmj article covers being late?

Being late for duty is primarily addressed under Article 86 of the Uniform Code of Military Justice (UCMJ), which pertains to "Absence Without Leave" (AWOL). Specifically, it covers the unauthorized absence of a service member from their appointed place of duty. While being late may not constitute AWOL, repeated instances can lead to disciplinary action under this article or other articles related to conduct and performance. Commanders also have discretion to address tardiness through non-judicial punishment or administrative actions.

Would soldiers be justified in disobeying orders?

A soldier would not only be justified it would be his duty to disobey an unlawful order.

What artilcle in the UCMJ covers fratenization?

You can find that under article 134. UCMJ Fraternization policies do not apply to people in the Individual Ready Reserves. Those rules are mostly for active duty enlisted and officers. It is found in Article 92, UCMJ, and fraternization is prosecuted or dealt with as an orders violation. The fraternization rules apply to the Reserves and National Guard. Those in the IRR are not generally considered to be covered by the fraternization rules unless they are put in a recall or AT or similar duty. This is to prevent officers from getting involved with enlisted in their chain of command. It is also intended to prohibit certain relationships between enlisted personnel who are in each others chain of command and between officers in the same chain of command.

What is article 91 of the ucmj?

The UCMJ is the Uniform Code of Military Justice. Article 91 of this code is directed towards the insubordination toward a warrant officer.

What is Article 92 of Uniform Code of Military Justice?

Article 92 of the Uniform Code of Military Justice (UCMJ) addresses the failure to obey an order or regulation. It makes it an offense for military personnel to fail to follow lawful orders, regulations, or instructions issued by a superior officer. Violations can lead to disciplinary action, including courts-martial. The article underscores the importance of military discipline and the necessity of adhering to commands for effective military operations.

What is the burden of proof for possession of a controlled substance under the ucmj?

The burden of proof for possession of a controlled substance under the Uniform Code of Military Justice (UCMJ) is beyond a reasonable doubt. This means that the prosecution must prove to the court that the accused's possession of the controlled substance is established with a high level of certainty before a conviction can be made.

How many non-punitive articles in the ucmj?

There are 134 Articles in the Uniform Code of Military Justice, of these 88 are non-punitive.

What article of ucmj covers threating a snco?

Article 91 could be addressed;

891. ART. 91. INSUBORDINATE CONDUCT TOWARD WARRANT OFFICER, NONCOMMISSIONED OFFICER, OR PETTY OFFICER

Any warrant officer or enlisted member who--

(1) strikes or assaults a warrant officer, noncommissioned officer, or petty officer, while that officer is in the execution of his office;

(2) willfully disobeys the lawful order of a warrant officer, noncommissioned officer, or petty officer; or

(3) treats with contempt or is disrespectful in language or deportment toward a warrant officer, noncommissioned officer, or petty officer while that officer is in the execution of his office;

shall be punished as a court-martial may direct.

OR.... Article 134, the "General Article"

934. ART. 134. GENERAL ARTICLE

Though not specifically mentioned in this chapter, all disorders and neglects to the prejudice of good order and discipline in the armed forces, all conduct of a nature to bring discredit upon the armed forces, and crimes and offenses not capital, of which persons subject to this chapter may be guilty, shall be taken cognizance of by a general, special or summary court-martial, according to the nature and degree of the offense, and shall be punished at the discretion of that court.

Which UCMJ article gives you the authority to apprehend military offenders?

It depends on who "you" is. Article 7 gives apprehension authority to military and naval law enforcement officials. Article 8 authorizes state/local police officers to apprehend deserters, only.

Do military retiree fall under the UCMJ?

Yes and no, the military can recall you if you are suspected of having commited an offense while you were on active duty. The offense must be Courts-Martial level. They cannot recall you to give you an Article 15. Other than that scenario, no, you will not fall under UCMJ.

Can you be punished under the ucmj for not using your chain of command?

aparently YES. THAT WOULD BE PUNISHABLE UNDER ARTICLE 92, FAILURE TO OBEY A DIRECT ORDER FROM A NCO, IVE BEEN PUNISHED BY IT A COUPLE WEEKS AGO, IDK WHAT IS THE RESULT OF THE TRIAL YET.

What is the burden of proof for adultery under the UCMJ?

In a criminal trial (e.g. a Court-Martial) the burden of proof is the same as in state and federal criminal law. The burden is the government must prove beyond a reasonable doubt that the accused committed each of the elements of the charged offense.

What are the possible effects of desertion?

It is a Court Martial offense in the military, and would result in discharge under less then honorable conditions as a minimum. It could also result in a considerable jail term. While the above response is essentially true, there are some other important details to be discussed. First, courts martial for desertion are rare, as demonstrating that a service member has left the military with either a) the intent of never returning or b) the intent of shirking hazardous duty is challenging. In the recent wars, only those folks who have fled the country for Canada and have subsequently been deported to the US have been tried for desertion. That said, courts martials are generally avoided and discharges for AWOL/UA under Other Than Honorable (OTH) conditions are fairly common. But again, this depends on the branch of the service and how long the member has been absent.