United States v. Moore , 58 M.J. 466 (2003) (rejecting a First Amendment overbroad attack and a Fifth Amendment vagueness attack on an article 90 violation because the order in question had a valid military purpose and was “sufficiently clear, specific, and narrowly drawn.”). Articles 77 through 134 of the UCMJ are known as the "punitive articles." To convict a service member, the prosecution must prove beyond a reasonable doubt that the accused perpetrated one of two criminal acts stipulated under this article: This relates back to Terry Lakin.
these are specific offenses which, if violated, can result in punishment by court-martial. List Of All UCMJ Punitive Articles along with full text, elements, explanations and sample specifications for each article as approved by US Congress.
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The UCMJ is a federal law, enacted by Congress. Article 90 of the UCMJ governs the conviction and sentencing of any service member that assaults or willfully disobeys a commissioned officer. When convicted under Article 90, service members cannot receive more than a maximum punishment of total forfeiture, dishonorable discharge and confinement for 10 years for striking, lifting up or drawing a weapon, or offering violence to a superior commissioned officer in the execution of officer, and confinement for 5 years for willfully disobeying the lawful order of a superior commissioned officer. (a) Article 90—drawing or lifting up a weapon or offering violence to superior commissioned officer in execution of office
Barring the common sense constitutional aspects, this statement is extremely sensitive, and is being treated as such under Article 90 of the UCMJ.
UCMJ Article 90 Willfully Disobeying Superior Commissioned Officer The MCM states under Article 90 (Willfully Disobeying Superior Commissioned Officer) any service member may be prosecuted if they willfully and purposely disobey the lawful command of that … Many will also likely have civilian court cases as well if other local laws were broken too such as driving drunk to rape or murder.