Quick Answer: What Is Article 134 Of The UCMJ?

What is Article 120 of the UCMJ?

UCMJ Article 120 broadly defines the criminal offenses of sexual assault, rape, and sexual abuse committed by service members in the United States.

This includes physical abuse or threatening to abuse another person with sexual contact, groping or unwanted sexual advances..

What is Article 93 of the UCMJ?

Article 93, UCMJ. Cruelty and maltreatment Any person subject to this chapter who is guilty of cruelty toward, or oppression or maltreatment of, any person subject to his orders shall be punished as a court-martial may direct.

What is Article 31 A of Indian Constitution?

Article 31 of Indian Constitution states that no person can be deprived of his property without the consent of a proper authority. Both of these articles were repealed by the 44th Amendment Act of the Indian Constitution.

What is an Article 134?

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.

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 90 of the UCMJ?

Any service member who is found guilty of willfully disobeying, striking or threatening his superior commissioned officer while said officer is executing the orders of his or her command will be subject to punishment under Article 90 of the UCMJ.

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 UCMJ article covers disobeying a lawful order?

Failure to obey the lawful order of one not a superior is an offense under Article 92(2), provided the accused had a duty to obey the order, such as one issued by a sentinel or a member of the armed forces police.

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 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 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.

Why is it important to administer a suspect Article 31 rights and when should you do it?

This often-stated phrase stems from the Fifth Amendment of the Constitution, which requires law enforcement to give these warnings when questioning a suspect in custody. … Thus, as long as the questioner suspects that you have committed an offense, they must warn you, regardless of where the questioning occurs.

What is Article 91 of the UCMJ?

Article 91: Insubordinate Conduct Towards Warrant Officer, Non-commissioned Officer, or Petty Officer. The government can accuse you under UCMJ Article 91 for striking, disobeying, or using contemptuous language or disrespect toward a warrant officer, noncommissioned officer, or petty officer of the U.S. armed forces.

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 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 138 of the UCMJ?

An Article 138 complaint is a process by which you can attempt to remedy a wrong committed against you by your commanding officer. A “wrong” may be an action the commander has taken (an act), or the failure of the commander to take an action that should have been taken (an omission).

What are the Article 31 rights?

The United States Constitution and Article 31 (b) of the UCMJ require rights advisements before interrogations or requests for statements. … may interrogate, or request any statement from, an accused or a person suspected of an offense without first informing him of the nature of the accusation . . . . “