What Is Article 93 Of The UCMJ?

What is Article 31 of the UCMJ?

Article 31, UCMJ.

Under Article 31 of the Uniform Code of Military Justice (UCMJ,) if a person on active duty with the U.S.

military is suspected of committing a criminal offense under the Uniform Code of Military Justice, they have the following rights: …

THE RIGHT to remain silent; that means to say nothing at all..

What is Article 86 of the UCMJ?

Absence Without Leave (AWOL) in the military is addressed under Article 86 of the UCMJ. The scope of Article 86 covers any case not addressed in another Article in which a service member is, through the service member’s own fault, not at the place where the member is required to be at a prescribed time.

What is Article 15 of the UCMJ?

UCMJ Article 15 is a form of non-judicial punishment that commanders use to promote good order and discipline without going to a trial by court-martial. … This means that not judicial punishment may not be administered for misconduct which was committed more than 2 years before the date of the UCMJ Article 15 punishment.

What is Article 92 of the UCMJ?

Article 92 defines disobeying a direct order as three types of offenses – violations or failures to obey lawful general orders or regulations, failures to obey other lawful orders, and dereliction of duty.

What is Article 137 of the UCMJ?

Article 137, UCMJ Briefing is Required for All Enlisted Members. The Article 137 briefing originates from the Uni- form Code of Military Justice. It outlines specific articles within the UCMJ that must be “carefully explained” to en- listed members at certain times during their career.

What is Article 5 of the UCMJ?

A POW must resist, avoid, or evade, even when physically and mentally coerced, all enemy efforts to secure statements or actions that may further the enemy’s cause.

What is Article 134 of the UCMJ?

Adultery in the military is addressed under Article 134 of the UCMJ, also known as the “General Article,” which is a list of prohibited conduct that is of a nature to bring discredit upon the armed forces or is prejudicial to good order and discipline.

Can you be charged under UCMJ after discharge?

Under Article Two of the Uniform Code of Military Justice, retired military personnel entitled to pay or receiving hospitalization benefits are subject to the UCMJ. The same goes for service members awaiting discharge after the enlistment term has expired.

Can a soldier fight a civilian?

Whether you are a soldier or not, no one is “allowed” to assault another person. The punishment will be determined by who takes jurisdiction in bringing charges, which would be either the civilian or military police…

What is Article 134 A?

134A. Certificate for appeal to the Supreme Court Every High Court, passing or making a judgment, decree, final order, or sentence, referred to in clause ( 1 ) of Article 132 or clause ( 1 ) of Article 133, or clause ( 1 ) of Article 134. (a) may, if it deems fit so to do, on its own motion; and.

What is Article 90 of the UCMJ?

The MCM states under Article 90 (Willfully Disobeying Superior Commissioned Officer) any service member may be prosecuted if they willfully and purposely disobey the lawful command of that service member’s superior commissioned officer. … that the accused willfully disobeyed the lawful command.

What is Article 91 of the UCMJ?

Understanding Article 91 (Insubordinate Conduct Toward Warrant Officer, Noncommissioned Officer, or Petty Officer) of the UCMJ. The purpose of Article 91 is to protect warrant, noncommissioned, or petty officers from disrespect and violence as well as ensuring obedience to their lawful orders.

What is Article 128 of the UCMJ?

Under the Uniform Code of Military Justice, the offense of assault can be committed by one of three ways – offer, attempt, or by battery. An assault by offer places another person in reasonable apprehension of force. The act or omission can be intentional or culpably negligent.

What is Article 80 of the UCMJ?

Article 80 of the UCMJ defines the actions and intentions a service member must take during an attempted crime to be held accountable for that crime, even though the offense was unsuccessful. … Article 80 defines punishments for service members accused of an attempted crime.

What is Article 32 of the UCMJ?

An Article 32 hearing is a proceeding under the United States Uniform Code of Military Justice, similar to that of a preliminary hearing in civilian law. … Offenders in the US military may face non-judicial punishment, a summary court-martial, special court-martial, general court-martial, or administrative separation.

What is the catch all UCMJ article?

Since 1951, Article 134 of the Uniform Code of Military Justice (UCMJ) has been the general article for all branches of the military. Article 134 is a “catch-all” for many offenses that are not covered by other specific articles of the UCMJ.