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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
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.
What happens after a Bad conduct discharge from the army?
Reenlist and get an honorable discharge. I knew two guys that had dishonorable discharge they reenlisted and got honorable discharges.
reenlist? no. go to school and leave it off of your resume. You can still get financial aid and have a great life.
What to do if you are falsely punished under the UCMJ for adultery?
Adultery is very hard to prove. You either need an angry spouse/girlfriend/mistress to approach your CoC or if you got someone pregnant, your CoC will know because of a paternity test. Having said that, the first thing you should do is ask your accuser (more than likely your Co Cdr) who the person is that is claiming that you had an extramarital affair, if it's just another Soldier, get a sworn statement from the person who you are supposedly having an affair with. Also, let TDS (your attorney, you will be afforded one) know that you are %100 innocent. If you truly are innocent, you should have nothing to worry about, it will all wash out.
What article of the UCMJ covers Hazing?
Sexual harassment is not covered by a specific article of the UCMJ. DoD and each service, and even each command have published sexual harrassment policies. Violation of this policy could result in charges being brought under several articles of the UCMJ:
Article 92 (Failure to obey an order or regulation), Article 128 (Assault) if any assault was involved in the violation, Article 134 (General Article) which can capture numerous violations including conduct unbecoming, adultry and other inappropriate behavior not covered by another article, Article 120 (Rape), and I'm sure there are others. These are just a few examples. Bottom line, sexual harrassment is a policy which is not directly covered by a UCMJ article when violated.
Under the ucmj what evidence is needed to be charged with adultery?
Physical, hard evidence, i.e pictures, videos, or blood test of child
If you were not issued it, you are not authorized to have it.The military is not interested in your personal life. You were not issued a wife, therefore you are not authorized to have one. That being said they understand that it does in fact happen but cannot interfere with your performance of duties, and no consideration needs be given by the military for any circumstance that arises from you having one.If you intend to use a cheating spouse as an excuse for the dereliction of your duties then you had best give up now.
Military court does not concern itself with divorce, or marriage for that matter.
You are allowed to have a personal life as long as it does not interfere with your commitment to the United States ( which you volunteered for by the way )
When I went to war, the Air Force took away my quarters and rations pay ( and replaced them with MRE's and a tent ), It put my family in a bind as we needed that money to pay my mortgage. When I questioned their judgment they told me as I told you. I was the one who signed the contract and took the oath, and I am the only one they have to provide for. I did receive combat pay for the time I was there but it was about half of what they took away.
What it boils down to for you is that you need to settle your personal lifes issues without involving the United States. If you do not, or are not able to control the behavior of the people in your personal life then it is you who will be dealt with
sorry to be so blunt, but that is the way it is. and I suggest you resolve the matter as quietly and as quickly as possible as their patience for this sort of thing is very short.
One last thing, if this is concerning a military member cheating on another military member that is technically fraternization and is illegal.
Keep your private life private, you do not want Uncle Sam involved, it will be bad for the service member no matter what you can prove.
What is the jurisdiction of the U.S. Court of Appeals for the Armed Forces?
(cases involving people subject to the Uniform Code of Military Justice)
What article of the ucmj is Dereliction of duty?
Article 92, UCMJ. There are two types of dereliction: wilful and negligent punished under the same article. Note sometimes they also charge an orders violation, also under Article 92 for the same or similar conduct.
What would happen if I don't show up for Annual Training for Army Reserve?
That is significantly worse than missing a drill. You will be marked as Unauthorized Absent (UA) and you likely receive an article 15 or might even be administratively discharged and required to repay any tuition benefits. You need to talk to your unit administrator and square your reason and schedule an alternate Annual Training (AT) if you don't want to get into some serious trouble.
