0
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
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.
Reprimand
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.
They used Poison gas, we had the creeping barrage.
What is Uniform Code of Military Justice Article 113?
Article 91-Insubordinate conduct toward warrant officer, NCO, or PO Text. "Any warrant officer or enlisted member who- (1) strikes or assaults a warrant officer, non-commissioned 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." Elements. (1) Striking or assaulting warrant, noncommissioned, or petty officer. (a) That the accused was a warrant officer or enlisted member; (b) That the accused struck or assaulted a certain warrant, noncommissioned, or petty officer; (c) That the striking or assault was committed while the victim was in the execution of office; and (d) That the accused then knew that the person struck or assaulted was a warrant, noncommissioned, or petty officer. Note: If the victim was the superior noncommissioned or petty officer of the accused, add the following elements (e) That the victim was the superior noncommissioned, or petty officer of the accused; and (f) That the accused then knew that the person struck or assaulted was the accused's superior non-commissioned, or petty officer.
(2) Disobeying a warrant, noncommissioned, or petty officer. (a) That the accused was a warrant officer or enlisted member; (b) That the accused received a certain lawful order from a certain warrant, noncommissioned, or petty officer; (c) That the accused then knew that the person giving the order was a warrant, noncommissioned, or petty officer; (d) That the accused had a duty to obey the order; and (e) That the accused willfully disobeyed the order.
(3) Treating with contempt or being disrespectful in language or deportment toward a warrant, non-commissioned, or petty officer. (a) That the accused was a warrant officer or enlisted member; (b) That the accused did or omitted certain acts, or used certain language; (c) That such behavior or language was used toward and within sight or hearing of a certain warrant, noncommissioned, or petty officer; (d) That the accused then knew that the person toward whom the behavior or language was directed was a warrant, noncommissioned, or petty officer; (e) That the victim was then in the execution of office; and (f) That under the circumstances the accused, by such behavior or language, treated with contempt or was disrespectful to said warrant, noncommissioned, or petty officer. Note: If the victim was the superior noncommissioned, or petty officer of the accused, add the following elements (g) That the victim was the superior noncommissioned, or petty officer of the accused; and (h) That the accused then knew that the person toward whom the behavior or language was directed was the accused's superior noncommissioned, or petty officer.
Explanation. (1) In general. Article 91 has the same general objects with respect to warrant, noncommissioned, and petty officers as Articles 89 and 90 have with respect to commissioned officers, namely, to ensure obedience to their lawful orders, and to protect them from violence, insult, or disrespect. Unlike Articles 89, and 90, however, this article does not require a superior-subordinate relationship as an element of any of the offenses denounced. This article does not protect an acting noncommissioned officer or acting petty officer, nor does it protect military police or members of the shore patrol who are not warrant, noncommissioned, or petty officers. 2) Knowledge. All of the offenses prohibited by Article 91 require that the accused have actual knowledge that the victim was a warrant, noncom missioned, or petty officer. Actual knowledge may be proved by circumstantial evidence. (3) Striking or assaulting a warrant, noncommissioned, or petty officer. For a discussion of "strikes" and "in the execution of office," see paragraph 14c. For a discussion of "assault," see paragraph 54c. An assault by a prisoner who has been discharged from the service, or by any other civilian subject to military law, upon a warrant, noncommissioned, or petty officer should be charged under Article 128 or 134. (4) Disobeying a warrant, noncommissioned, or petty officer. See paragraph 14c(2), for a discussion of lawfulness, personal nature, form, transmission, and specificity of the order, nature of the disobedience, and time for compliance with the order. (5) Treating with contempt or being disrespectful in language or deportment toward a warrant, non-commissioned, or petty officer. "Toward" requires that the behavior and language be within the sight or hearing of the warrant, noncommissioned, or petty officer concerned. For a discussion of "in the execution of his office," see paragraph 14c. For a discussion of disrespect, see paragraph 13c. Lesser included offenses. (1) Striking or assaulting warrant, noncommissioned, or petty officer in the execution of office. (a) Article 128-assault; assault consummated by a battery; assault with a dangerous weapon (b) Article 128-assault upon warrant, non-commissioned, or petty officer not in the execution of office (c) Article 80-attempts
(2) Disobeying a warrant, noncommissioned, or petty officer. (a) Article 92-failure to obey a lawful order (b) Article 80-attempts
(3) Treating with contempt or being disrespectful in language or deportment toward warrant, noncommissioned, or petty officer in the execution of office. (a) Article 117-using provoking or reproachful speech (b) Article 80-attempts
Maximum punishment. (1) Striking or assaulting warrant officer. Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 5 years. (2) Striking or assalting superior noncommissioned or petty officer. Dishonorable discharge, for-feiture of all pay and allowances, and confinement for 3 years. (3) Striking or assaulting other noncommissioned or petty officer. Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 1 year. (4) Willfully disobeying the lawful order of a warrant officer. Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 2 years. (5) Willfully disobeying the lawful order of a noncommissioned or petty officer. Bad-conduct discharge, forfeiture of all pay and allowances, and confinement for 1 year. (6) Contempt or disrespect to warrant officer. Bad-conduct discharge, forfeiture of all pay and allowances, and confinement for 9 months. (7) Contempt or disrespect to superior noncommissioned or petty officer. Bad-conduct discharge, forfeiture of all pay and allowances, and confinement for 6 months. (8) Contempt or disrespect to other noncommissioned or petty officer. Forfeiture of two-thirds pay per month for 3 months, and confinement for 3 months.
What branch of the military does an astronaut fall under?
Historically, astronauts were drawn from the ranks of pilots, so most of the current military astronauts are in the Air Force. The Navy and the Marines have also trained astronauts but not as many.
What is the Uniform Code of Military Justice?
Answer
The Uniform Code of Military Justice is the law by which the military services operate. It is the Constitution, Bill or Rights and the law for the soldier. It is used to punish criminals in the military.
Can a junior police personnel inquire and arrest a senior Army officer?
This answer is specific to the US military, though it likely applies in most other counties as well, with the names of things modified as appropriate.
I assume you mean an MP (Military Policeman).
The answer is yes. MPs derive their authority ultimately from the Uniform Code of Military Justice, which "outranks" everyone in a "no man is above the law" sense. Any officer, even the CO of the base, can be arrested by an MP if he's violating the UCMJ.
What is article 93 of the UCMJ?
Article 93 of the Uniform Code of Military Justice (UCMJ) mandates Court Marshal punishment for any person guilty of "...cruelty toward, or oppression or maltreatment of, any person subject to his orders..."
Which article in the ucmj covers fraterinization?
Generally such a charge is prosecuted under Article 92, UCMJ, as an orders violation. Each service has an order regarding relationships among the ranks.
