Date: Sun, 11 May 2003 21:56:31 +0200 From: "Stacy Olivas" <olivas@digiflux.org> To: "'Terry Lambert'" <tlambert2@mindspring.com>, "'Doug Barton'" <DougB@freebsd.org> Cc: freebsd-chat@freebsd.org Subject: RE: Senator Santorum Message-ID: <002301c317f7$6c4d92d0$0502000a@sentinel> In-Reply-To: <3EB8A4AF.B6B02E5B@mindspring.com>
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<snip> > > and I can't think of any civilized state where adultery > is illegal. > > > > The limitations of your knowledge are not my > responsibility. :) To take a > > trivial example, the Uniform Code of Military Justice in the US has > > penalties for adultery, although I'm not enough of an > expert to make the > > distinction of whether it proclaims it "illegal," which is > an oft-misused > > term. > > If you are thinking of the (relatively) recent media feeding > frenzy, it was not a courts-marshall over adultery, per se, > it was a courts-marshall over disobeying a direct order to not > engage in adultery. That's a totally different issue (Article > 15). The media made it about adultry, because adultry was more > salable to their consumers than the reality. > Article 15 referes to the "Non-Judicial Punishment" that people recieve (called many different things in varying branches of the military, Article 15, Office Hours, Captain's Mast).. (A quick history of the UCMJ and some general info on it can be found at: http://www.usconstitution.net/consttop_milj.html) For an on-line version of the UCMJ (although a bit dated, it's the 1997 edition of the MCM or Manual for Courts Martial, which contains the UCMJ articles) see: http://www.constitution.org/mil/ucmj19970615.htm The term "Non-Judicial Punishment" can be though of more of an administrative action, since the punishment awarded (yes, the punishment is awarded since it is not a sentencing) is non-judicial in manner. A conviction at a Court Martial trial is judicial in nature. For the Article 15, there is an investigation (Article 32, if I remember correctly). The punishment at the Article 15 is awarded during a formal "hearing" by the unit commander (the commanding officer. depending on the branch of service, it depends on who has the "NJP" (Non-Judicial Punishment) authority. In the Marine Corps it's your Company Commander (an O3 or Captain). In the Navy, it's normally the Commanding Officer of the command you are at. I believe Army operates in a simlar manner to the Marine Corps. Not sure about the Air Force. Articles 77 - 134 are called the Punitive articles - what people are charged with when they face an Article 15 (or Courts Martial). What you were referring to, the disobeying a lawful order would have fallen under Article 92: Failure to obey order or regulation. Although they could have, depending on who gave the order, could have been charged with Article 90: Assaulting or willfully disobeying superior commissioned officer as well. Punishments recieved can include: Reduction in rank Suspention of pay (basically 1/2 a month's pay taken over the period of like 2 months). etc. (There are different "punishments" for both Officers and Enlisted personnel). If anyone is interested in the UCMJ, the links above give some interesting information. The one thing that you have to remember: the UCMJ is totally different from the civilian justice system. Hope this helps.. :) -Stacy
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