First off my compliments on the way you explained in short laymen terms the intricacies of military laws particularly with regards to Article 15 of the UCMJ or what is known as the Uniform Code of Military Justice. Essentially (just to add to what you have already covered) Article 15 is generally invoked circumstantially as you have pointed out for us to have a little better grasp of what that may Intel circumstances wise is that Article 15 is essentially used for a spectrum of misdemeanor offenses whereas elements that would lead to a courts-martial would involve crimes considered felonious in nature. As to answering the question you posed as to whose needs are being served I would venture to say in the majority of cases it would be the
o Consolidates paragraphs 6 through 9, 11, 13, 15 through 17, and 19 of AR 190-18
In fact, under Article 90, during times of war, a military member who willfully disobeys a superior commissioned officer can be sentenced to death.
There are multiple military directives and regulations that limit service members’ free speech rights. These are found within Defense Department Directives and Uniform Code of Military Justice (UCMJ). Outside of the military, much of these restrictions would be allowed unconstitutional. However, courts tend to defer to the military’s courts, so these limitations have continued. Congress enacted the UCMJ in 1950. Listed in the UCMJ are the “Punitive Articles.” [8] This section includes four specifically criticized articles. These are Article 134; Article 133, Conduct Unbecoming an Officer and a Gentleman; Article 92, Failure to Obey Order or
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
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
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
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
Early in 2008 I committed a major infraction while serving in the United States Army in Iraq, a violation of federal law and of U.S. Department of Defense policy, a violation so inexcusable that the only correction available would be a discharge. The violation was loving another man.
One of the main reasons to have the two separate systems with two separate judges is jurisdiction. The military has a broader range than the civilian trial judges. While the civilian trial judge usually only has jurisdiction if the crime resided in their state, the military also jurisdiction worldwide on or off military installation and in the U.S., due to the UCMJ code. Not only does the military have jurisdiction worldwide they have jurisdiction over military personnel whether they are active reserve, retired, members of certain quasi-military organizations, military prisoner, and prisoners of
1. Historically new weapons technology has been viewed as potentially destroying existing moral, legal and ethical constraints on warfare. Raising questions over whether they should be banned altogether. Rarely do such bans ever gain traction, some notable exceptions being the bans on land mines, cluster munitions, chemical and germ warfare agents, nuclear weapons and blinding lasers. Often fears tend, with hindsight, to be inflated and where at least one party sees a major military advantage it is difficult for bans to gain momentum internationally.
However, Soldiers are subject to the Uniform Code of Military Justice even when off duty, so appropriate social media conduct is expected of all Soldiers. Talking negatively about supervisors or releasing sensitive information for example, is punishable under the Uniform Code of Military Justice (UCMJ). The 1st amendment of the constitution is a very important right to all Americans, but national security should come first. Soldiers using social media must abide by the Uniform Code of Military Justice at all times. Commenting, posting, or linking to material that violates the UCMJ or basic rules of Soldier conduct is
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).
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
The arrest and trial of enemy combatants by military tribunal poses no significant moral issues. It is military order to detain those accused of international terrorism. Every country has their own guidelines and regulations when it comes to punishments, the U.S. punishments could be worse. Overall, the American government has and will try to do all that is necessary in order to protect all Americans.
Because there is no definition of combatant as such, it has always been difficult to say whether only members of the armed forces are to be considered combatants. This problem is compounded by the fact that the Hague definition provides that the armed forces can include “non-combatants,” with both categories being entitled to prisoner of war status. In other words, in the Hague formulation, the term “armed forces" is not limited to those officially engaged in combat. This provision of the Regulations implies that militias are part of the “armed forces” even though they are not to be considered part of the army, unless the two terms are interchangeable.