What is Article 93 of the UCMJ?
What is Article 93 of the UCMJ?
(Article 93, UCMJ, proscribes cruelty toward, or oppression or maltreatment of, any person subject to an accused’s orders; and the elements of this general intent offense are: (1) that a certain person was subject to the orders of the accused; and (2) that the accused was cruel toward, or oppressed, or maltreated that …
What article covers abuse of power UCMJ?
Article 93
What is Article 93? Any service member of the United States armed forces who uses his or her power to subject another individual to acts of cruelty, oppression, or maltreatment, will be punished under Article 93 of the UCMJ.
What is mutiny and sedition?
with intent to cause the overthrow or destruction of lawful civil authority, creates, in concert with any other person, revolt, violence, or other disturbance against that authority is guilty of sedition; and. …
What is Article 95 of the UCMJ?
Article 95 covers cases where an individual has resisted arrest or escaped from confinement. Several situations are covered under this article: Resisting apprehension, Fleeing apprehension, breaking arrest, escape from custody, escape from pre-trial and post- trial confinement.
What is a 138 in the Army?
An Article 138 complaint is a process by which you can attempt to remedy a wrong committed against you by your commanding officer. A “wrong” may be an action the commander has taken (an act), or the failure of the commander to take an action that should have been taken (an omission).
How is sedition punished?
Sedition is a serious felony punishable by fines and up to 20 years in prison and it refers to the act of inciting revolt or violence against a lawful authority with the goal of destroying or overthrowing it. The following provides an overview of this particular crime against the government, with historical references.
What is the military punishment for sedition?
death
A person who is found guilty of attempted mutiny, mutiny, sedition, or failure to suppress or report a mutiny or sedition shall be punished by death or such other punishment as a court-martial may direct.
What are the Articles of the UCMJ?
The Uniform Code of Military Justice (UCMJ) is the bedrock of military law. The UCMJ is a federal law, enacted by Congress. Articles 77 through 134 of the UCMJ are known as the “punitive articles.” these are specific offenses which, if violated, can result in punishment by court-martial.
How many Punitive Articles UCMJ?
There are 146 articles in the U.C.M.J, along with 12 sub-articles, bringing the number to 158. Not all of these articles are punitive. Some define legal concepts and review jurisdictions and have nothing to do with an offense.
What regulation covers UCMJ?
The UCMJ is federal law, enacted by Congress. The UCMJ defines the military justice system and lists criminal offenses under military law. The law requires the President of the United States, acting as commanderin- chief of the Armed Forces, to write rules and regulations to implement military law.
How many UCMJ Articles?
There are 146 Articles in the UCMJ. There are also sub-articles which total 12, nested within the UCMJ such as the following example: Article 106 deals with “Spies”, but Article 106a Deals with “Espionage”. It would be more accurate to state a total of 158 Articles in the UCMJ (The 146 Articles + 12 Sub-articles = 158)
