Lakin was charged under Article 90 for willfully disobeying a lawful command of a superior commission officer. Did you not read my post explaining that Article 90 itself directs punishment under Article 92?
Article 90 allows for punishment by death OR such other punishment as a court-martial may direct.
See the following:
* Article 90, Element a, Section 2
* Article 90, Element b, Section 2
* Article 90, Element d, Section 3, Part a (<—— This directs the accused to be formally charged under Article 92.)
* Article 90, Element e, Section 3
Article 92 is not a lesser charge than Article 90. It is essentially a subset of Article 90.
Yes, I read your post and accidentally thanked tired old conservative for it. lol. Sorry. Thank you for that post. That was the information I was needing and I was very grateful that you gave it to me.
So do I understand correctly, then, that Article 92 is a subset of Article 90, where the punishments are less because the element of willful disobedience is eliminated? Or how do they decide which cases are charged under Article 90 and which are charged under Article 92? Is it just the degree of punishment they are asking for or think is appropriate, or is there something about what the defendant actually did that requires them to be charged under one rather than the other?