10 - Military Crimes 2 Flashcards
1
Q
Article 133
A
Conduct Unbecoming an Officer (and a Gentleman)
2
Q
Essential Elements of Article 133
Conduct Unbecoming an Officer (and a Gentleman)
A
- The Accused did or failed to do certain acts; and,
- Under the circumstances these acts constituted conduct unbecoming an officer and a gentleman
3
Q
Article 134
A
The General Article
Allows us to charge crimes not otherwise in the UCMJ in three main scenarios:
- Enumerated offenses
- Novel spec
- Assimilated offense
4
Q
Clauses of Article 134
General Article
A
- Conduct that is prejudicial to good order and discipline is “conduct that causes a reasonably direct and palpable injury to good order and discipline.”
- Conduct of a nature to bring discredit on the armed forces must have “a tendency to bring the service into disrepute or which tends to lower it in the public esteem.”
- Noncapital crimes or offenses which violate Federal/State law including through the Federal Assimilative Crimes Act.
5
Q
Essential Elements of Article 134
General Article
A
- That the Accused did or failed to do certain acts; and
- That, under the circumstances, the Accused’s conduct was to the prejudice of good order and discipline or was a nature to bring discredit upon the armed forces