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Old 11-10-2012, 05:51 PM   #35
MDydinanM
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Join Date: Sep 2004
Location: East Coast
Posts: 751
My Ride: is a ///M
Only thing is Petraeus is retired. He left the Army when appointed to be D/CIA.

UCMJ doesn't apply to him anymore



Quote:
Originally Posted by Raymond42262 View Post
Under extreme circumstances someone can be court martialed for adultery.

Article 133:

Conduct unbecoming an officer and a gentleman (or conduct unbecoming for short) is an offense subject to court martial defined in the punitive code, Article 133, of the United States Uniform Code of Military Justice (UCMJ), enacted at 10 U.S.C. 933.

The elements are:

That the accused did or omitted to do certain acts; and
That, in the circumstances, these acts or omissions constituted conduct unbecoming an officer and gentleman.[1]
Here "officer" is understood to include commissioned officers, cadets, and midshipmen of both sexes, hence the more common term conduct unbecoming. A gentleman is understood to have a duty to avoid dishonest acts, displays of indecency, lawlessness, dealing unfairly, indecorum, injustice, or acts of cruelty.[2]


Article 134:


The General Article (Article 134)

The general article (Article 134) authorizes the prosecution of offenses not specifically detailed by any other article: all disorders and neglects to the prejudice of good order and discipline in the armed forces, all conduct of a nature to bring discredit upon the armed forces, and crimes and offenses not capital, of which persons subject to this chapter may be guilty. Clause 1 of the article involves disorders and neglect "to the prejudice of good order and discipline in the armed forces." Clause 2 involves "conduct of a nature to bring discredit upon the armed forces." Clause 3 deals with non-capital offenses violating other federal law; under this clause, any such offense created by federal statute may be prosecuted under Article 134. United States v. Perkins, 47 C.M.R. 259 (Air Force Ct. of Military Review 1973).[5]

The most recent version of the Manual for Courts-Martial lists the following offenses commonly prosecuted under Article 134: Abusing public animal; adultery; assault with intent to commit murder, voluntary manslaughter, rape, robbery, sodomy, arson, burglary, or housebreaking; bigamy; bribery or graft; burning with intent to defraud; check, worthless, making and uttering; by dishonorably failing to maintain funds; child endangerment; cohabitation, wrongful; correctional custody - offenses against; debt, dishonorably failing to pay; disloyal statements; disorderly conduct, drunkenness; drinking liquor with prisoner; drunk prisoner; drunkenness - incapacitation for performance of duties through prior wrongful indulgence in intoxicating liquor or any drug; false or unauthorized pass offenses; false pretenses, obtaining services under; false swearing; firearm, discharging - through negligence; firearm, discharging - willfully, under such circumstances as to endanger human life; fleeing scene of accident; fraternization; gambling with subordinate; homicide, negligent; impersonating a commissioned, warrant, noncommissioned, or petty officer, or an agent or official; indecent language; jumping from vessel into the water; kidnapping; mail: taking, opening, secreting, destroying, or stealing; mails: depositing or causing to be deposited obscene matters in; misprision of serious offense; obstructing justice; wrongful interference with an adverse administrative proceeding; pandering and prostitution; parole, violation of; perjury: subornation of; public record: altering, concealing, removing, mutilating, obliterating, or destroying; quarantine: medical, breaking; reckless endangerment; restriction, breaking; seizure: destruction, removal, or disposal of property to prevent; self-injury without intent to avoid service; sentinel or lookout: offenses against or by; soliciting another to commit an offense; stolen property: knowingly receiving, buying, concealing; straggling; testify: wrongful refusal; threat or hoax designed or intended to cause panic or public fear; threat, communicating; unlawful entry; weapon: concealed, carrying; wearing unauthorized insignia, decoration, badge, ribbon, device, or lapel button.[6]

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