Uniform Code of Military Justice and Powerful Fighting Force

Topics: Uniform Code of Military Justice, Military, Armed forces Pages: 3 (799 words) Published: August 2, 2010
When one seeks to explain something, first they must define what they are explaining. In the case of a document or other media, the definition is usually the thing itself. But, sometimes, the 'by the book' definition doesn't do a thing full justice. So, in order to insure full justice, as far as the author is able to provide it, UCMJ Article 92 is defined as the following:

Any person serving in the Armed Forces of America, is guilty of violating this article if they, through any means that can be prevented, disobey any order given by a superior, as long as that order is not itself illegal.

Let us break that down into more easily-digested terms.

Any person in the Armed Forces. That means, anyone who is currently (currently being at the time of the infraction) serving in any component of the Armed Forces. That means active duty, ready reserve, inactive reserve, training, DEP, shipboard, shore, infantry, deployed, on notification for deployment, or even when attached to a civilian job and not wearing a uniform. Any person who fits those critera is eligible, regardless of rank, duties, time in the service, time remaining until retirement, or history of conduct (either good or bad).

-Through any means that can be prevented. If the servicemember has any reasonable way to prevent the disobeyal of that order, and failed to, they are guilty. Unpreventable lapses are generally excusable, unless the reason it was unpreventable was the fault of the servicemember. Example: Order is given to belay a line and you go to your bunk instead: Culpable. Order is given to belay a line and the pylon breaks: Not culpable, unless something you did led to the pylon breaking.

-As long as the order itself is not illegal. Any order that, if carried out, would result in a disobeyal of any of the other UCMJ articles, is illegal. Any order that the superior does not have the authority to give, is illegal. Example: Telling a servicemember to commit hazing: illegal. Telling a...
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