Court Martial Abuse Type Offenses Under the UCMJ (Article 93 – 98)
Art. 93. Cruelty and maltreatment
Any person subject to this chapter who is guilty of cruelty
toward, or oppression or maltreatment of, any person subject to
his orders shall be punished as a court-martial may direct.
Art. 94. Mutiny or sedition
(a) Any person subject to this chapter who—
(1) with intent to usurp or override lawful military authority,
refuses, in concert with any other person, to obey orders or
otherwise do his duty or creates any violence or disturbance is
guilty of mutiny;
(2) with intent to cause the overthrow or destruction of lawful
civil authority, creates, in concert with any other person, revolt,
violence, or other disturbance against that authority is guilty of
sedition;
(3) fails to do his utmost to prevent and suppress a mutiny or
sedition being committed in his presence, or fails to take all
reasonable means to inform his superior commissioned officer or
commanding officer of a mutiny or sedition which he knows or
has reason to believe is taking place, is guilty of a failure to
suppress or report a mutiny or sedition.
(b) 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.
Art. 95. Resistance, flight, breach of arrest,
and escape
Any person subject to this chapter who—
(1) resists apprehension;
(2) flees from apprehension;
(3) breaks arrest; or
(4) escapes from custody or confinement;
shall be punished as a court-martial may direct.
Art. 96. Releasing prisoner without proper
authority
Any person subject to this chapter who, without proper authority,
releases any prisoner committed to his charge, or who through
neglect or design suffers any such prisoner to escape, shall be
punished as a court-martial may direct, whether or not the prisoner
was committed in strict compliance with law.
Art. 97. Unlawful detention
Any person subject to this chapter who, except as provided by
law, apprehends, arrests, or confines any person shall be punished
as a court-martial may direct.
Art. 98. Noncompliance with procedural
rules
Any person subject to this chapter who—
(1) is responsible for unnecessary delay in the disposition of any
case of a person accused of an offense under this chapter;or
(2) knowingly and intentionally fails to enforce or comply with
any provision of this chapter regulating the proceedings before,
during, or after trial of an accused;
shall be punished as a court-martial may direct.
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Michael Waddington is a court martial lawyer – court martial attorney that defends military personnel worldwide as well as deployed civilian contractors subject to the UCMJ. He defends Army, Navy, Air Force, Marine, Coast Guard, and civilian contractor court martial cases. He has successfully defended military personnel as a court martial lawyer Army Navy Marine & Air Force court martials in Germany, England, San Diego, Norfolk, Jacksonville, Fort Bragg, Fort Jackson, Fort Stewart, Fort Gordon, Italy, Iraq, Kuwait, Korea, Okinawa, Japan, Yokota, and throughout the United States.
