Article 92 of the uniform code of military justice is when a solider fails to obey an order or regulation given to them by an NCO, officer, or someone pointed above them in section or squad. Article 92 is perhaps the most important article in the entirety of the Uniform Code of Military Justice. Any military member, whether in the Army, Air Force, Marines, Navy, or Coast Guard who fail to obey a lawful order of their superiors risk serious consequences. Article 92 of the Uniform Code of Military Justice makes it a crime to disobey any lawful order. It lays down the ground law, the absolute line which may not be crossed. Everything else in the uniform code of military justice is explanation of the various forms that disobeying an order can
A general court-martial consists of no less than five members and a military judge, or the soldier can be tried by military judge alone upon the request of the solder being tried. A general court-martial is often classified as a felony court. The general court-martial can try all persons subject to the UCMJ including officers. A general court-martial may consider any sentence allowed by the UCMJ. This could include lengthy incarceration, hard labor, life in prison and the death penalty. (Manual for Courts Martial, 2002, pg A2-6)
Article 92 of the uniform code of military justice is when a solider fails to obey an order or regulation given to them by an NCO, officer, or someone pointed above them in section or squad. Article 92 is perhaps the most important article in the entirety of the Uniform Code of Military Justice. Any military member, whether in the Army, Air Force, Marines, Navy, or Coast Guard who fail to obey a lawful order of their superiors risk serious consequences. Article 92 of the Uniform Code of Military Justice makes it a crime to disobey any lawful order. It lays down the ground law, the absolute line which may not be crossed. Everything else in the uniform code of military justice is explanation of the various forms that disobeying an order can
a. Military authority is exercised promptly, firmly, courteously and fairly. Commanders should consider administrative corrective measures before deciding to impose nonjudicial punishment. Trial by court-martial is ordinarily inappropriate for minor offenses unless lesser forms of administering discipline would be ineffective (see MCM, Part V, and chap 3, AR 27–10).
3. Cadets and officers lie under oath in court. It is unacceptable to lie in court. The military has determined that it is essential this case be investigated and prosecuted to the full extent of the law. A sub-group in the military can't make its own rules of military morality.
In fact, under Article 90, during times of war, a military member who willfully disobeys a superior commissioned officer can be sentenced to death.
Second, any person subject to the chapter who having knowledge of any other lawful order issued by a member of the armed forces, which it his duty to obey fails to obey the order. A lawful order can be given by anyone and everyone who enlists in the army promises to obey the orders of those who are appointed over them. Article 91 covers that you cannot strike or assault a warrant officer, noncommissioned officer or petty officer while that officer is in the execution of his office, willfully disobey the lawful order of a warrant officer, noncommissioned officer, or petty officer, or treat 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. So this is where Article 91 and 92 are similar. If you know of a lawful order but you did were not order it you still must abide by it. The only way that you cannot be punished for a lawful order is that the soldier had no knowledge of that direct
There are many reasons in that in this world we have rules, regulations, laws, traffic signs, and other means of directions that individuals must follow for various reasons. Without the utmost care to follow these rules, things that could easily be prevented may happen, resulting in very negative things. This however, is even more important when in the Army, as the consequences can be very severe. The Army has a plethora of rules and regulations that all soldiers, regardless of rank or duty station must follow. These rules and regulations are put forth to us for various reasons. These reasons can range from having a professional appearance to keeping yourself alive. The most common rules and regulations are about common courtesy and appearance. These are important to all soldiers, as this is what the citizens of not only the United States of the America judge us from, but also most of the world judges our nation based soley on the individuals of the Army. Since we as a group are split all across the world, many people see us each and everyday. Some countries only see Americans through the soldiers they see everyday. We represent the pride and honor of the American nation, and without following the rules and regulations that govern these common courtisies and appearance we do nothing but fail at our duty, and let down the American people. A small, but notable reason to follow the regulations of the army is the
AC 63812 A British Soldier’s Values and Standards V A L U E S A N D S T A N D A R D S O F T H E B R I T I S H A R M Y FOREWORD BY THE HEAD OF THE ARMY Humans are naturally team players, we all seek the company of others and like to
(2) willfully disobeys a lawful command of his superior commissioned officer; shall be punished, if the offense is committed in time of war, by death or such other punishment as a court-martial may direct, and if the offense is committed at any other time, by such punishment, other than death, as a court-martial may direct.”
Uniform Code of Military Justice (USMJ) is what the military uses to prosecute and court-martial its members. Yet in the UCMJ, Commanders have the authority to overturn a guilty verdict in the case
Every organization, both large and small, will typically have a well-defined set of values that they wish to espouse. This is the template for a successful, trained work force. These values will guide individuals during the decision-making processes that they will encounter. This blue print helps to ensure the integrity of the company and the individual, as well. Our Army today is no different. We can find our values and creeds everywhere we turn. One quick trip to a company or battalion headquarters will yield all the information a Soldier ever needs to assist them in making ethical choices. We hang posters touting the seven Army values on every wall. Units will prominently display the
The second way that I fell into violation of article 91 was willfully disobeys the lawful order of a warrant officer, noncommissioned officer, or petty officer. To make matters worse for myself I disobeyed a lawful order given out by a noncommissioned officer as a repercussion to my first transgression. I could have more than likely completely avoided the paperwork and documentation of me disrespecting a NCO by merely dropping down and doing pushups when he told me to after verbally disrespecting him by calling him a jackass. So not only did I disrespecting said NCO with obscene language I also did it by disobeying the order following thereafter. But no, being the disrespectful and disobedient private that I am I instead looked away as if there order to get down was not heard. Yes this escalated matters even further. One must learn from his mistakes and take something from every situation whether negative or positive this situation being completely negative leaves more to be interpreted and applied to life than most.
Article 92 is perhaps the most important article in the entire Uniform Code of Military Justice. It lays down the ground law, which is the absolute line that may not be crossed. Everything else in the UCMJ is an explanation of the various forms that disobeying an order can take. Without the support given by Article 92, service members would be free to do whatever they want, whenever they want, and wouldn't be any more accountable than a civilian could in a civilian job.
As an organizational- level leadership, he will confront many thorny problems and missions that challenge their moral criteria and military profession. In particular, when they receive the order from the upper- level, how he employ his expertise to exercise his moral leadership and undertake the tasks. Actually, both of the profession and ethic are interdependent, and inseparable. Thus, a professional commissioned officer should understand how to fit ethic into his expertise. Moreover, people would face the dilemmatic situation between the obedience of rules and the consideration of the consequence. When it comes to the moral or ethical, should I follow the deontology or consequentialism? Which one is the most critical priority to the stewardship