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1500 word essay on Article 92 (UCMJ)

Uploaded by Tsavo5 on Jan 02, 2018

The Uniform Code of Military Justice (UCMJ) is comprised of a large amount of articles, 146 to be exact. Although,
the first 135 are the most used, and only 58 are punitive articles (that is, these articles can be punished by court-martial
if violated). The purpose of this paper is to disect and explain a very commonly violated and rather important punitive
article: Article 92.

The UCMJ was passed by Congress on 5 May 1950, and signed into law by President Harry S. Truman the next day;
it replaced the historically used Articles of War. Article 92 was included when UCMJ was put into effect. The title of
Article 92 is 'failure to obey order or regulation'. By definition it says that it is subject to any person who
(1) violates or fails to obey any lawful general order or regulation, (2) who has knowledge of any other lawful order
issued by a member of the armed forces, which it is his duty to obey, fails to obey the order; or (3) who is derelict in
the performance of his duties; shall be punished as a court-martial may direct. The sub-elements to each of the 3 general
viloations respectively are: (1a) That there was in effect a certain lawful general order or regulation; (1b) That the
accused had a duty to obey it; and (1c) That the accused violated or failed to obey the order or regulation; (2a) That a
member of the armed forces issued a certain lawful order; (2b) That the accused had knowledge of the order; (2c) That
the accused had a duty to obey the order; and (2d) That the accused failed to obey the order; (3a) That the accused had
certain duties; (3b) That the accused knew or reasonably should have known of the duties; and (3c) That the accused was
(willfully) (through neglect or culpable inefficiency) derelict in the performance of those duties.

Each element has additional explanations, to further break down exact offences. The first (Violation of or
failure to obey a lawful general order or regulation) has 5 sub points to clarify its exact scope. (a) General orders
or regulations are those orders or regulations generally applicable to an armed force which are properly published by
the President or the Secretary of Defense, of Transportation, or of a military department, and those orders or
regulations generally applicable to the command of the officer issuing them...

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Uploaded by:   Tsavo5

Date:   01/02/2018

Category:   Law

Length:   7 pages (1,471 words)

Views:   1829

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