Military Justice System

The Uniform Code of Military Justice (UCMJ) is the legal foundation that governs the behavior of all members of the United States Armed Forces. The UCMJ is a comprehensive set of rules and regulations that outline the legal and ethical standards that all members of the military must adhere to. One of the key components of the UCMJ is its punitive articles. These UCMJ Punitive Articles outline the offenses for which military members can be punished and the potential consequences for committing these offenses. Punitive articles are organized into different categories based on the severity of the offense.   The most serious offenses under the UCMJ are classified as "punitive articles of the Uniform Code of Military Justice." These articles are intended to address the most egregious forms of misconduct by military personnel, such as murder, rape, and espionage. The punishments for violating these articles can range from a dishonorable discharge to life imprisonment.   Less s...

Article 134 of the Uniform Code of Military Justice (UCMJ) is a catch-all provision that covers offenses that are not explicitly listed in the previous articles. This article is often referred to as the "General Article" and allows for prosecution of a wide range of offenses that could threaten good order and discipline within the military. Article 134 UCMJ is a powerful tool that enables military prosecutors to charge service members with a broad range of offenses that may not be covered by other specific articles of the UCMJ. These offenses can include conduct that is prejudicial to good order and discipline, actions that bring discredit upon the military, or any other behavior that could undermine the morale and welfare of the armed forces.   One of the benefits of Article 134 is that it allows prosecutors to charge individuals with a specific offense without having to prove that the behavior falls under any other particular article of the UCMJ. This flexibility is espe...

Article 91 of the Uniform Code of Military Justice (UCMJ) outlines offenses committed against superior officers. It is a serious offense and can result in severe consequences, including demotion, dishonorable discharge, and even imprisonment. Understanding this article is critical for all military personnel to avoid committing any violations and to know their rights as service members. The article defines three types of offenses against superior officers: Insubordination, disrespect, and assault. Insubordination refers to refusing to obey a lawful order from a superior officer. Disrespect includes using contemptuous words, gestures, or behavior towards a superior officer or showing them any disrespect. Assault involves the use of physical force or violence against a superior officer. While these offenses may seem straightforward, there are nuances and exceptions to each. For example, an order must be lawful and reasonable for a service member to be obligated to follow it. Likewise,...

Article 85 of the Uniform Code of Military Justice (UCMJ) deals with the offense of desertion. Desertion is defined as the unauthorized absence of a member of the military with the intent to remain away permanently or to avoid hazardous duty or important service. It is a serious offense that can result in severe consequences for the accused. Under Article 85 , a person who is found guilty of desertion may face a dishonorable discharge, forfeiture of all pay and allowances, confinement for up to five years, or even death if their desertion results in the death of another person. The penalties for desertion can be severe, and it is crucial to have an experienced military defense attorney to represent you if you are accused of this offense. There are several elements that must be proven beyond a reasonable doubt for a person to be convicted of desertion under A rticle 85 ucmj . These include: Unauthorized absence : The accused must have been absent from their unit or duty station without ...