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Whatever Happened To Military Good Order And Discipline?, Colonel Jeremy S. Weber
Whatever Happened To Military Good Order And Discipline?, Colonel Jeremy S. Weber
Cleveland State Law Review
Discipline is often called “the soul of an army.” If this is so, the United States military seems to be experiencing a spiritual crisis. Article 134 of the Uniform Code of Military Justice (UCMJ) allows commanders to punish acts prejudicial to “good order and discipline,” but the reach of this provision has been increasingly limited in recent years. Appellate courts have repeatedly overturned convictions of conduct charged as prejudicial to good order and discipline, and in recent years, the military’s high court has issued a series of decisions limiting the reach of the UCMJ’s “general article.” Congress has also recently …
Wrongful Fraternization As An Offense Under The Uniform Code Of Military Justice, Margaret A. Mcdevitt
Wrongful Fraternization As An Offense Under The Uniform Code Of Military Justice, Margaret A. Mcdevitt
Cleveland State Law Review
In view of the desire of the armed services to continue to prosecute fraternization and continued judicial sanctioning, this Note undertakes an analysis of the fraternization prohibition in order to illustrate the current problems. The first part of this Note proposes that the evolution of the prohibition demonstrates that fraternization has become exclusively a disciplinary offense. The development of the offense over the years also shows that the failure of the military to define the offense precisely by regulation or article allowed military courts to construct varying and confusing definitions. The second part of the Note analyzes the validity of …
Wrongful Fraternization As An Offense Under The Uniform Code Of Military Justice, Margaret A. Mcdevitt
Wrongful Fraternization As An Offense Under The Uniform Code Of Military Justice, Margaret A. Mcdevitt
Cleveland State Law Review
In view of the desire of the armed services to continue to prosecute fraternization and continued judicial sanctioning, this Note undertakes an analysis of the fraternization prohibition in order to illustrate the current problems. The first part of this Note proposes that the evolution of the prohibition demonstrates that fraternization has become exclusively a disciplinary offense. The development of the offense over the years also shows that the failure of the military to define the offense precisely by regulation or article allowed military courts to construct varying and confusing definitions. The second part of the Note analyzes the validity of …