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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

Are interviews and interrogation consider both an art and science?

Yes, there is both an art and a science to it. You must have an understanding of human behavior and psychology. You also need to keep to a certain methodology to gain the information that you need. However, there is an art to it in the fact that you need to have a talent for reading people, and knowing when you need to vary from established methods, or even improvise.

Will a felony under the uniform commercial code qualify under 18 USC 921a20A?

this is the only law that i know of that will allow a felon to leagally own a firearm.....i have heard so many people say that no matter what a felon can never own a firearm,well this law says you can!!1

What is the punishement for larceny under ucmj?

Under the Uniform Code of Military Justice (UCMJ), larceny is addressed in Article 121. The punishment for larceny can vary based on the circumstances, including the value of the property stolen and whether the accused has prior offenses. Penalties can range from a non-judicial punishment (NJP) to confinement, forfeiture of pay, and a dishonorable discharge in more serious cases. The specifics of the punishment are determined during the court-martial process.

What is article 136 of the UCMJ?

ART. 136. AUTHORITY TO ADMINISTER OATHS AND ACT AS NOTARY.

It relates to all persons in the military and it's proper authorities. It states positions and ranks on active duty or performing inactive-duty training that may administer oaths for the purpose of military administration.

What is the ucmj article 93?

Cruelty, maltreatment, and/or oppression of a subordinate by a higher ranking person, with a maximum penalty of dishonorable discharge, forfeiture of all pay & allowances, and confinement for 1 yr.

What is the punishment for the female soldier that had and affair with a married male soldier and deserted the army to protect the child with the intent of returning to military control?

Well, adultery would bring an Article 15 for both parties involved.

Going AWOL would lead to a dishonorable discharge, plus possible time spent in incarceration if the AWOL period caused the soldier to miss movement (in the case of her being in a deploying unit). There would definitely be a court-martial for going AWOL, and a court-martial conviction is equivalent to a felony conviction in a civil court, even if no time is served. The military isn't likely to be sympathetic to her situation, either, especially since it involves adultery. A female soldier who missed movement because she absolutely could not find anyone to care for her child while she was to be deployed couldn't get a break, and she had a valid reason, so it's not likely the female soldier in this situation is going to fare any better.

Can you receive ucmj action and court martial for the same offense?

Well, a court martial is a result of UCMJ action. When the charges are filed against a service member, that's UCMJ action right there. However, they may not be punished twice for the same offence.

Which court is known as the GI Supreme Court?

The US Court of Appeals for the Armed Forces

Since cases can be appealed to the US Supreme Court from the Court of Appeals for the Armed Forces, it is really not the equivalent of a supreme court.

Can a passenger in DUI be convicted under ucmj?

No. The CoC may try to charge dereliction of duty. Especially if the passenger is drunk, in that case you may not have any knowledge that the driver was intoxicated. I've seen this issue pop up once or twice when the CoC tried to punish someone under UCMJ for this exact same situation. It has never made it past the Brigade Legal Office.

What does the acrynym G O M A R stand for?

General Officer Memorandum of Reprimand, or an administrative censure or written "chewing out" by a general officer given to a soldier for a failure to comply with established standards. May stand alone or be accompanied by an Article 15 under UCMJ. The written reprimand may be filed in either the Soldier's Military Personnel Record Jacket (MPRJ) or Official Military Personnel File (OMPF), usually for the term of assignment under the general court-martial jurisdiction or up to three years, whichever is sooner.

Does a military spouse fall under ucmj?

According to the UCMJ the uniform code of military justice is applicable to all military members worldwide.

Would soldiers ever be justified in refusing the order to fight?

The idea of whether a soldier would be justified in refusing the order to fight in World War 2 is a matter of personal opinion. Some believe that when you are called to serve your country in this manner you are obligated to do so. With the amount of deaths and injuries associated with this war others feel that a person should have had the right to make this decision for themselves, especially if they had families they were leaving behind.

Active military personnel are subject to UCMJ jurisdiction?

Always. Let me give an example. A soldier at Fort Drum, NY engages in sex with a 15 year-old in Ontario, where the age of consent is 15. The parents catch them, and call the local police, who are unable to do anything about it, because she's legal according to Ontario law, and stated that it was with consent. So, the parents call the military police at Fort Drum, and that soldier is arrested the moment he arrives on post, because, even though he wasn't even in the country at the time, and even though he didn't break any local laws, he did violate the UCMJ, which applies to him at all times, no matter where he is.

What is the age of consent under the U.C.M.J. and how does it apply to civilians?

AnswerNumber ONe, The U.C.M.J. as its name implies does not apply to civillians. There is no age of consent in the U.C.M.J. because it applies to military personell which are all asssumed to be of legal age (18) just to join the military. If there was an incident involving a military person and a civillian it would most likely be tried in civil court following the laws of the state and country where the incident took place. Also any military personell involved could face a court martial or military tribunal for misconduct

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I have never edited an answer before and I don't want to change what was said, but this answer does not address the question. Age of consent according to the Uniform Code of Military Justice is 16 unless the age of consent for the state you are in is higher.

Example: TX age of consent is 17 within three years. If you are 22 or older your age of consent will then be 18. If your states age of consent is 16 well then if she doesn't have her permit you can drive her to school.

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After 2007, some parts of the UCMJ (despite the implication of its name) DO apply to civilians working with military in deployed locations.

What article of the UCMJ covers sleeping on duty?

892. ART. 92. FAILURE TO OBEY ORDER OR REGULATION

Any person subject to this chapter who--

(1) violates or fails to obey any lawful general order or regulation;

(2) having knowledge of any other lawful order issued by any member of the armed forces, which it is his duty to obey, fails to obey the order; or

(3) is derelict in the performance of his duties;

shall be punished as a court-martial may direct.