What Articles from the Uniform Code of Military Justice (UCMJ) are in the news today? What are they and what do they mean?
The Uniform Code of Military Justice is part of Title 10, United States Code, an Act of Congress. Article 1, UCMJ, is found at 10 U. S. Code §801. The UCMJ sets out the crimes punishable under the UCMJ, the trial procedures, and the appellate procedures for conducting courts-martial and other discipline related matters. However, you should remember that each of the military services also has regulations that implement the UCMJ.
Prosecution of LTC Lakin for refusing to deploy. Currently LTC Lakin is pending a pretrial hearing under Article 32, UCMJ, for various offenses arising from his failure, his refusal, to deploy.
(a) No charge or specification may be referred to a general court-martial for trial until a thorough and impartial investigation of all the matters set forth therein has been made. This investigation shall include inquiry as to the truth of the matter set forth in the charges, consideration of the form of charges, and recommendation as to the disposition which should be made of the case in the interest of justice and discipline.
(b) The accused shall be advised of the charges against him and of his right to be represented at that investigation as provided in section 838 of this title (article 38) and in regulations prescribed under that section. At that investigation full opportunity shall be given to the accused to cross-examine witnesses against him if they are available and to present anything he may desire in his own behalf, either in defense or mitigation, and the investigation officer shall examine available witnesses requested by the accused. If the charges are forwarded after the investigation, they shall be accompanied by a statement of the substance of the testimony taken on both sides and a copy thereof shall be given to the accused.
(c) If an investigation of the subject matter of an offense has been conducted before the accused is charged with the offense, and if the accused was present at the investigation and afforded the opportunities for representation, cross-examination, and presentation prescribed in subsection (b), no further investigation of that charge is necessary under this article unless it is demanded by the accused after he is informed of the charge. A demand for further investigation entitles the accused to recall witnesses for further cross-examination and to offer any new evidence in his own behalf.
(d) The requirements of this article are binding on all persons administering this chapter but failure to follow them does not constitute judicial error.
The charges currently are:
Article 92, UCMJ. Any person subject to this chapter who–
(1) violates or fails to obey any lawful general order or regulation;
(2) having knowledge of any other lawful order issued by any member of the armed forces, which it is his duty to obey, fails to obey the order; or . . .
shall be punished as a court-martial may direct.
Article 86, UCMJ. Any member of the armed forces who, without authority –
(1) fails to go to his appointed place of duty at the time prescribed;
(2) goes from that place; or
(3) absents himself or remains absent from his unit, organization, or place of duty at which he is required to be at the time prescribed;
shall be punished as a court-martial may direct.
Article 120, UCMJ.
The Court of Appeals for the Armed Forces issued a decision in United States v. Neal. This was a decision on an Article 62, UCMJ, prosecution petition. Article 120, UCMJ, was changed significantly just a few years ago. As a result there has been quite a bit of litigation on the constitutionality of the new Article. In particular the issue in Neal is whether the act shifted the burden of proving innocence onto the accused. Ultimately, CAAF kicks the can down the road a little, but does give some guidance for future cases.
Article 119a, UCMJ.
Everyone is aware of Major Hasan and his shooting rampage at Fort Hood. One of the female murder victims was pregnant. A recent change to the UCMJ makes it a crime:
