10 - Military Crimes 2 Flashcards

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1
Q

Article 133

A

Conduct Unbecoming an Officer (and a Gentleman)

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2
Q

Essential Elements of Article 133

Conduct Unbecoming an Officer (and a Gentleman)

A
  1. The Accused did or failed to do certain acts; and,
  2. Under the circumstances these acts constituted conduct unbecoming an officer and a gentleman
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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

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4
Q

Clauses of Article 134

General Article

A
  1. Conduct that is prejudicial to good order and discipline is “conduct that causes a reasonably direct and palpable injury to good order and discipline.”
  2. 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.”
  3. Noncapital crimes or offenses which violate Federal/State law including through the Federal Assimilative Crimes Act.
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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
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