Scope of Criminal Liability under the UCMJ
PRINCIPALS. UCMJ ART. 77
Failure to Stop Crime.
Failure to stop a crime does not constitute aiding and abetting unless there is an affirmative duty to interfere (e.g., a security guard). If a person has a duty to interfere, but fails to do so, that person is a party to the crime if such noninterference is intended to and does operate as an aid or encouragement to the perpetrator. MCM, pt. IV, ¶ 1b(2)(b). See United States v. Thompson, 22 M.J. 40 (C.M.A. 1986) (holding no general duty of NCOs to prevent crime absent “identifiable regulation, directive, or custom of the service.”); United States v. Simmons, 63 M.J. 89 (2006) (duty of NCO to prevent crime within unit may arise, but failure to act must be accompanied by shared criminal purpose).
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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.
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