01

Apr

Understanding Article 125, UCMJ – Kidnapping

Military courts have described kidnapping as “one of the most heinous offenses known to the law”—and for good reason. Kidnapping deprives a person of their fundamental right to liberty and freedom of movement and usually involves force, violence, or other forms of coercion. Kidna...

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01

Apr

Article 133, UCMJ – Conduct Unbecoming an Officer

Article 133, UCMJ – Conduct Unbecoming an OfficerMilitary officers, cadets, and midshipmen are held to the highest personal and professional standards. When those standards are not met, officers may be administratively punished or even criminally prosecuted for violating Article ...

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01

Apr

Understanding Article 83, UCMJ – Malingering

Defending Service Members Charged with Malingering“Malingering” is the criminal offense of feigning mental or physical illness, or intentionally hurting oneself, in order to avoid military duties. While this military-specific offense may sound archaic, malingering is still prosec...

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01

Apr

Understanding Article 117a, UCMJ - The Military's “Revenge Porn” Prohibition

Article 117a, UCMJ, colloquially referred to as the UCMJ’s “revenge porn” article, criminalizes the wrongful broadcast or distribution of intimate visual images. Article 117a was codified in response to the 2017 “Marines United” scandal in which nude images of female servicemembe...

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01

Apr

Understanding Article 128, UCMJ – Assault

Assault & BatteryAssault and battery are closely related, but they are not quite the same. The distinction is usually whether contact occurs. One can commit an assault without committing a battery; however, one cannot commit a battery without also committing an assault. Articl...

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01

Apr

Understanding Article 134, UCMJ – Extramarital Sexual Conduct

People are often surprised to learn that extramarital sexual conduct, which includes “adultery”, is a crime in the military. While this military-specific offense might seem harmless enough to civilians, the military takes such conduct very seriously. Service members convicted of ...

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01

Apr

Understanding Article 119, UCMJ – Manslaughter

Manslaughter is among the most serious UCMJ offenses. It’s a crime that everyone has heard of but only a few understand the legal definition. So what’s the difference between voluntary and involuntary manslaughter? What are the possible punishments? And, most importantly, how do ...

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01

Apr

Understanding Article 86, UCMJ – AWOL

Absence Without Leave (AWOL)There are multiple punitive articles that deal with military members who leave their place of duty without authorization. Several articles deal with specific instances of unauthorized absence. For example, Article 85 deals with Desertion, which include...

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01

Apr

Understanding Article 118, UCMJ – Murder

Murder is one of the most serious charges a person–military or civilian–can face. While people often think that murder is limited to only premeditated killings, that’s not always the case in the military. So what are the different types of murder under the Uniform Code of Militar...

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01

Apr

Understanding Article 112a – Wrongful use, possession, etc of controlled substances

The United States military has a zero-tolerance policy when it comes to illegal drugs. Under Article 112a of the Uniform Code of Military Justice (UCMJ), anyone who wrongfully possesses, uses, manufactures, imports, or distributes certain controlled substances can be court-martia...

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01

Apr

How the Military Tests for Illegal Drugs

When it comes to illegal drug use, military service members are held to a much higher standard compared to civilians. Irrespective of the decriminalization of drugs in several U. S. States, the military has not changed their stance on the illicit use of controlled substances. The ...

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01

Apr

Sexual Assaults in the Military

Why Would Anyone Make A False Allegation of Sexual Assault? Much ink has been spilled over the military’s handling of sexual assaults over the past decade. Some in the general public think that the military doesn’t take sexual assaults, or allegations thereof, seriously, or worse ...

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