What is Article 94 of the UCMJ?
Sedition under Article 94 of the UCMJ occurs when a service member creates a revolt, violence, or a disturbance against a lawful civil authority with the intent to cause the overthrow or destruction of that lawful civil authority. Now, charges of mutiny and sedition don’t come along everyday.
What is the military punishment for sedition?
death
A person who is found guilty of attempted mutiny, mutiny, sedition, or failure to suppress or report a mutiny or sedition shall be punished by death or such other punishment as a court-martial may direct.
What is Article 95 of the UCMJ?
Edwards, 69 M.J. 375 (Article 95, UCMJ, provides that any person subject to the UCMJ who escapes from custody or confinement shall be punished as a court-martial may direct; while the UCMJ does not define custody, it does reference the term in Article 7, UCMJ, which provides that apprehension is the taking of a person …
What article of the UCMJ covers disrespect to an NCO?
Article 91
Understanding Article 91 (Insubordinate Conduct Toward Warrant Officer, Noncommissioned Officer, or Petty Officer) of the UCMJ. The purpose of Article 91 is to protect warrant, noncommissioned, or petty officers from disrespect and violence as well as ensuring obedience to their lawful orders.
What is Article 88 of the UCMJ?
What is Article 88 of the UCMJ? Contempt toward officials under Article 88 of the UCMJ takes place when a commissioned officer of the United States Armed Forces uses contemptuous words against officials of any branch of the U.S. government or any state government.
What qualifies as an insurrection?
insurrection, an organized and usually violent act of revolt or rebellion against an established government or governing authority of a nation-state or other political entity by a group of its citizens or subjects; also, any act of engaging in such a revolt.
What is the maximum punishment for sedition?
A person who is found guilty of attempted mutiny, mutiny, sedition, or failure to suppress or report a mutiny or sedition shall be punished by death or such other punishment as a court-martial may direct.
What is Article 94 of the UCMJ? Mutiny under Article 94 of the UCMJ occurs when a service member creates violence or a disturbance with the intent to usurp or override lawful military authority.
What are the elements of the UCMJ?
All of the articles of the UCMJ requires prosecutors to prove beyond a reasonable doubt a handful of critical assumptions—known as elements—to convict you of a crime. Article 94 governs two separate offenses—mutiny and sedition. From most to least serious: That the accused created violence or a disturbance; and
What are the charges under Article 94 of the Constitution?
What is important to note about every variation of the charges under Article 94 is that each offense comes with the maximum punishment of death or other lawful punishment. If you commit an act of mutiny, the max punishment is death. If you try, but fail, to commit an act of mutiny, the max punishment is death.
Can you be charged with mutiny under Article 94?
Mutiny and sedition charges under Article 94 are evidence that your back is up against the wall and your only chance to save your life is to stand up and fight back. One need not lead a bayonet charge on the Captain’s chambers to be charged with mutiny or sedition.
https://www.youtube.com/watch?v=ohjJ-4T5WNY