11 - Military Crimes 3

Question 1

Article 92(1)

Answer 1

Violation of a Lawful General Order

Question 2

Essential Elements of Article 92(1)

Violation of a Lawful General Order

Answer 2

1. There was in effect a certain lawful general order or regulation
2. Accused had a duty to obey it
3. Accused violated or failed to obey it
4. Do not have to prove knowledge of the order - only that the order was published

Order usually given by a FLAG Officer or higher; Order must be punitive

Question 3

What is Fraternization?

Answer 3

Unduly familiar relationships with co-workers
Must prove that it was prejudicial to good order & discipline or service discrediting

Fails to respect differences in grade or rank

Question 4

What types of relationships does fraternization apply to?

Answer 4

1. Officers and Enlisted
2. Officers of disparate rank
3. Junior Enlisted and Senior Enlisted

Question 5

Article 92(2)

Answer 5

Violation of Other Lawful Orders

Question 6

Essential Elements of Article 92(2)

Violation of Other Lawful Orders

Answer 6

• Member of Armed Forces issued a lawful order
• Accused knew of the order
• Accused had a duty to obey it; and
• Accused failed to obey it

Must have actual knowledge of the order

Question 7

What determines a Lawful Order?

Answer 7

1. Must have a valid military purpose
2. Must be clear and concise
3. Must be narrowly drawn