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To: BuckeyeTexan

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?


887 posted on 12/15/2010 9:01:15 PM PST by butterdezillion
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To: butterdezillion
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?

No, that's incorrect. The element of willful disobedience is not eliminated and the punishment is not lessened.

Or how do they decide which cases are charged under Article 90 and which are charged under Article 92?

If you willfully disobey a general lawful order of your superior commissioned officer, you are charged under Article 90 which directs that you be charged under Article 92(1).

If you disobey a general lawful order that you had a duty to obey or disobey a general regulation, you are charged under Article 92(1).

If you disobey any other lawful order or regulation, you are charged under Article 92(2).

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?

It has nothing to do with the degree of punishment. The accused's actions dictate which Article is applicable.

897 posted on 12/15/2010 9:49:27 PM PST by BuckeyeTexan (There are those that break and bend. I'm the other kind.)
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