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Showing posts from December, 2022

An Article of The UCMJ Entitled Article 86

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Article 86 provides for a military court if a member of the armed forces fails to arrive at his designated place of duty or is absent from the place of duty for which he must be present at the specified time. The person will also be subject to the provisions of this article if they leave this place. When a member of the service is directed by some authority to a designated place of service at a certain time and the member knows the place and time, if the member does not show up at the appointed time, it becomes punishable under Article.  Likewise, when a service member is required to arrive at a certain service location at a certain time and the member knows about the time and place, if the member leaves that location to another location, it would be an offence under UCMJ Article 86 .    For the application of the provisions of Article 86, it must be demonstrated that the defendant was in fact aware of the time and place  to be present. Even circumstantial evidence i...

UCMJ Articles Rules for Courts-Martial and Military Rules of Evidence

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You'll struggle to find anyone outside of the legal profession who has a thorough understanding of all local, state, and federal laws. You cannot pick up these laws, read them once, and then claim to grasp them entirely. Thankfully, this is taken into account in the criminal justice system. The UCMJ Articles and service members both fit this description. You have the right to legal assistance from a military-appointed or civilian attorney if you are accused of a crime. At Daniel Conway & Associates, many of the military criminal defense lawyers are also former service members. We have a total expertise of more than 100 years, and we can assist you in reviewing the UCMJ so that you may better comprehend the accusations made against you and what you can do to defend yourself. Below are all of the articles of the Uniform Code of Military Justice (UCMJ). The purpose of this website is to make it quick and easy for Department of defense  workers and personnel of the US Militar...

117a UCMJ is Revenge Porn Article Which Not Allowed to Broadcast Personal Visual Images

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Article 117a of the UCMJ, also known as the "revenge porn" article, makes it illegal to broadcast or distribute personal visual images without permission. In reaction to the "Marines United" crisis in 2017, wherein military personnel shared nude photos of female service members and civilians on Facebook, Article 117a UCMJ was codified. A sexually explicit act involving another person or an intimate visual image of another person was broadcast or transmitted by the accused intentionally and wrongfully. The accused was aware or ought to have known that the intimate visual image was created in a situation where the subject of the intimate visual image maintained a reasonable expectation of privacy with regard to its broadcast or distribution. A "visual image that shows the private area of the individual" is what Article 117a refers to as an "intimate visual image." The "naked or underwear-clad genitalia, anus, buttocks, or female areola or n...

Unwanted Sexual Approaches Shall be Prosecuted Under Article 120 UCMJ

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The Uniform Code of Military Justice has undergone numerous substantial modifications with regard to sexual assault over the past 10 to 15 years, and recent incidents involving prominent celebrities accused of sexual assault have brought this subject to light once more. The military's response to accusations of sexual assault is far too frequently to shoot first and inquire afterwards. An American Armed Forces service member who rapes, sexually attacks, physically abuses, or threatens to do so by groping or making unwanted sexual approaches shall be prosecuted under Article 120 UCMJ . Hundreds of innocent service personnel have had their lives, freedoms, and careers threatened as a result of this mentality. These accusations require a serious strategic defense  because they are so serious. contact between the penis and the vulva, the anus, or the mouth during a rape any type of rape that involves an instrument or a body part penetrating the vulva, the anus, or the mouth a sexual ...