UCMJ Offenses

[USNAviator]

Ran across these UCMJ offenses. I'm wondering if number three is a misprint?

Lesser Known UCMJ Offenses

Week of December 27, 2010
Here is a list of several Uniform Code of Military Justice offenses people may not be aware of: (1) fleeing the scene of an accident; (2) drunk and disorderly; (3) misprision of a serious offense; (4) obstructing justice; (5) soliciting another to commit an offense; (6) disloyal statements; (7) child endangerment or reckless endangerment; (8) false or unauthorized pass offenses; (9) stalking; (10) voyeurism; (11) graft; and (12) sedition -- the overthrow of civil authority sense versus military authority

[sscjoe]

I was made aware of #2 in '76 while at MCRDSD. Loss of rank and forfiture(sp) of pay, but I had a good time. Dan, you are college edumicated, what is "misprision"

[Sgt Leprechaun]

DCB nailed it pretty well.

[elliscraig12]

From About.com
UCMJ- Article 134
Elements

(1) That a certain serious offense was committed by a certain person;
(2) That the accused knew that the said person had committed the serious offense;
(3) That, thereafter, the accused concealed the serious offense and failed to make it known to civilian or military authorities as soon as possible;
(4) That the concealing was unlawful;
(5) That, under the circumstances, the conduct of the accused was to the prejudice of good order and discipline in the Armed Forces or was of a nature to bring discredit upon the Armed Forces.

[USNAviator]

It is not in use much these days but is still on the federal books, it comes from the old English common law, it means to know of a felony being committed by someone and not reporting it to authorities.....so you are a police officer and someone within the station is dealing drugs, another cop, and you say nothing. There are not many crimes where just KNOWING about some illegal activity is a crime in itself.
The only other one I can think of is, in some states, knowingly being present where heroin is kept. That, in some states, is an offense having nothing to do with you possessing it, distributing it, using it, etc, just being there and you know someone has heroin, whether the drug is in the open or not.
So normally, these days, it mostly has to do with officials failing to report some crime being committed. You have a guard in a jail who sees drug selling, turns a blind eye to it, that kind of thing.
I myself have never personally seen this offense come up in 30 years of being involved in this wonderful world of criminal law.

Dave

I was hoping you'd shed some light on the term "misprision". Never saw that one before.

Sort of sounds like an "honor code" violation you'd hear of from a military academy but only more egregious

[USNAviator]

I was made aware of #2 in '76 while at MCRDSD. Loss of rank and forfiture(sp) of pay, but I had a good time. Dan, you are college edumicated, what is "misprision"

Joe, the Congress of the United States said I was an officer and a gentleman. They never said I was smart..;)

Happy New Year to you and your Dad!!!

[Sgt Leprechaun]

HAHAHAHAHAHAHA. Dan, back at ya for sure. Happy New year to you and your family.

[USNAviator]

And Dan, by the way, number one on your list is very common, and if one leaves the scene after causing personal injury it is much more serious than property damage, the penalties are harsher, naturally. I see that one all the time.
On our base, and this was 1979-1982, there was a guy, a military guy, going 100 mph with his headlights off, drunk as could be, military police on his tail all the way, a very big base, naturally he was court-martialed. And lost.
The reason there are not many "not guilty" verdicts in military courts is because unlike state courts, the military services do not take just anything to trial, it has to be a very very good case for the prosecution or they will not waste their time and resources on something very iffy.
In sharp contrast, state courts will take just about anything to trial unless it is something they know for sure they will lose.


Thanks Dave, I hope I'm not on the clock for all this advice..;)

For some reason I was chosen to represent several enlisted personnel who had to come before the Captain's Mast.

Also, sat on a few Summary Courts Martial. Was thankful I never had to serve on a General

Thank you for the good wishes for the New Year. Right back at you. Will be in Boston on 1/4 till early May. Looking forward to breaking bread

[USNAviator]

Absolutely Dave. Have your email with your phone number..

[USNAviator]

HAHAHAHAHAHAHA. Dan, back at ya for sure. Happy New year to you and your family.

Thank you Jason and the same to you and your family my friend. 2011, one year closer to that well earned and well deserved retired service paycheck for you and your family..:thumbup:

[sscjoe]

Joe, the Congress of the United States said I was an officer and a gentleman. They never said I was smart..;)

Happy New Year to you and your Dad!!!

Dan, thanks for the New Year wishes. The old sailor enjoyed his trip to N.C. for x-mas. A Happy New Year to you and yours and I leave you with my favorite Irish toast, "May you be in heaven a full half hour
before the devil knows your dead".
:beer::beer:

[sparkie]

What do you do with a drunken sailor,
What do you do with a drunken sailor,
What do you do with a drunken sailor,
Earl-eye in the morning!

Chorus:
Way hay and up she rises
Way hay and up she rises
Way hay and up she rises
Earl-eye in the morning

Shave his belly with a rusty razor,
Shave his belly with a rusty razor,
Shave his belly with a rusty razor,
Earl-eye in the morning!

Chorus

Put him in the hold with the Captain's daughter,
Put him in the hold with the Captain's daughter,
Put him in the hold with the Captain's daughter,
Earl-eye in the morning!

[USNAviator]

Dan, thanks for the New Year wishes. The old sailor enjoyed his trip to N.C. for x-mas. A Happy New Year to you and yours and I leave you with my favorite Irish toast, "May you be in heaven a full half hour
before the devil knows your dead".
:beer::beer:

Thanks Joe, much appreciated. May I add my own.....


http://inspire.luquette.org/images/shamrock.gif


Here's to a long life and a merry one;
A quick death and an easy one;
A pretty girl and an honest one;
A cold beer -- and another one!

[USNAviator]

What do you do with a drunken sailor,
What do you do with a drunken sailor,
What do you do with a drunken sailor,
Earl-eye in the morning!

Put him in the hold with the Captain's daughter,
Put him in the hold with the Captain's daughter,
Put him in the hold with the Captain's daughter,
Earl-eye in the morning!

Sparkie, I'll drink to that!!!