LE3-C5S12T4pg Punitive Articles

Purpose This lesson will focus on the Punitive Articles section of the MCM and some of the 48 offenses listed on it.

1. Match key words in the student text with their meanings. 2. Describe the purpose of selected punitive articles. 3. Identify the maximum punishment for selected punitive articles. 4. Explain significant features of selected punitive articles.

CPS Key Word Questions (1-5)

_________ - when people work together by agreement to commit an illegal act under the code. _______ - when you dislike someone because you think they are inferior. _______ - when a person does not meet an obligation related to the performance of his/her duty.  Conspiracy  Disdain  Derelict

___________ - when a person pretends to be ill, physically disabled, or intentionally injures him/herself for the purpose of avoiding work, duty, or service. _______ - an attempt to use unlawful force, violence, or bodily harm to another person, even if the attempt is unsuccessful.  Malingering  Assault

CPS Lesson Questions (1-2)

How interested are you in learning about military law? A.Extremely – I am interested in becoming a police officer or lawyer. B.Somewhat – I am interested in legal issues. C.Not at all – This is not a job I am interested in, but I will focus and find something useful for me.

True or False: In order to be considered a “perpetrator” of a crime, you must be present at the commission of the crime. A.True B.False

Think about what you have already heard about The Manual for Courts- Martial. List 2-3 things you already know. (Use CPS “Pick a Student” for this question)

 The Punitive Articles section of the MCM begins with Article 77 that defines who the principals are in the commission of an offense.  Article 78 identifies an accessory after the fact is a person who knows an offense has been committed and helps the offender in some way.  Beginning with Article 80 and continuing through Article 134, the MCM identifies the various offenses punishable under the UCMJ.

 The crime of attempt applies to any act that was intended to commit an offense under the Punitive Articles.  If there is proof that the voluntary abandonment was because the person feared being caught or because he/she was waiting for a better time to commit the crime, this defense it not allowed.

 Two or more persons must be involved to commit a conspiracy violation.  A person may withdraw from a conspiracy before the offense is committed.  Under Article 80, a person convicted of conspiracy is subject to the same punishment that is set for the actual offense the group is conspiring to commit.

Article 86 defines absence without leave (AWOL) as: leave that place, or is absent from his/her place of duty place of duty, unit or organization at a time when he/she Is required to be there. any member of the armed forces who, without authority, fails to go to his/her appointed place of duty at the appropriate time;

 Article 89 defines disrespect toward a superior commissioned officer as acts of commission and of omission.  Disrespect by commission can be described as any act consisting of improper language including name-calling and language that characterizes the individual in an inappropriate way.

 Any person who strikes, lifts up any weapon, or threatens violence against a superior commissioned officer is guilty of a violation of Article 90.  Under Article 90, willfully disobeying a lawful command by one’s superior commissioned officer is an offense.  The maximum punishment for the assault portion of Article 90 is a dishonorable discharge, forfeiture of all pay and allowances, and confinement for 10 years.

 Article 92 refers to any person who violates or fails to obey any lawful general order or regulation or is derelict, that is, the person does not meet an obligation related to the performance of his/her duty.  A person is not in violation of this article if he/she is inept.

CPS Lesson Question (3)

Article 91 is directed at ________. A.Enlisted personnel B.Noncommissioned officers C.Warrant officers D.A and C are correct

 People violate this article if they are guilty of cruelty, oppression, or maltreatment.  This offense may be punishable by dishonorable discharge, forfeiture of all pay an allowances, and confinement for 1 year.

 Article 111 basically refers to ___________.  To be accused in this article, the vehicle does not need to be in motion. drunk driving

 In Article 113, the accused was posted or on post as a lookout or sentinel.  As used in this article, sleeping is the condition that prevents the person from being able to operate to the full capacity both physically and mentally required by the duty.  In times of war, the maximum sentence for violating this article may be death.

 Malingering is when any person pretends to be ill, physically disabled, mentally unbalanced, or intentionally injures him/herself for the purpose of avoiding work, duty, or service.  During time of war, the maximum penalty is dishonorable discharge, forfeiture of all pay and allowances, and confinement for 10 years.

 In general, killing a human being is unlawful when done without justification or excuse.  In some cases, failure to act may result in death and is considered murder.  The maximum penalty for murder may be death or a minimum of imprisonment for life.

 Simple assault is an attempt to do bodily harm.  Assault upon a commissioned officer can result in dishonorable discharge, forfeiture of all pay and allowances, and confinement for 3 years.

 The purpose of the general article is to cover all offenses not already specifically mentioned in the Manual for Courts-Martial that affect the good order of the armed forces.  These types of offenses are brought to the attention of a summary, special, or general court martial where the nature of the offense and any penalties are determined.

CPS Lesson Question (4)

Which article refers to drunk driving? A.Article 111 B.Article 91 C.Article 134 D.Article 128

List the 2-3 most important things you learned in this lesson. Why are they important to you? (Use CPS “Pick a Student” for this question)

Images in this lesson were taken from:  Microsoft © Clip Art Gallery  Marine Corps Combat Camera