ARTICLE 107 UCMJ PDF

Articles 77 through of the UCMJ are known as the "punitive articles. Many will also likely have civilian court cases as well if other local laws were broken too such as driving drunk to rape or murder. Chapter 4 of the MCM includes, and expands on the punitive articles. Elements: These are the specifics of the offense. To support a finding of "guilty," the government must prove each element of the offense, beyond a reasonable doubt. Explanation: The explanation defines terms, and clarifies the elements, based on previous court decisions.

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Articles 77 through of the UCMJ are known as the "punitive articles. Many will also likely have civilian court cases as well if other local laws were broken too such as driving drunk to rape or murder. Chapter 4 of the MCM includes, and expands on the punitive articles. Elements: These are the specifics of the offense. To support a finding of "guilty," the government must prove each element of the offense, beyond a reasonable doubt.

Explanation: The explanation defines terms, and clarifies the elements, based on previous court decisions. Lesser Included Offense: These are lesser offenses that a military court may still find an accused guilty of, even if the court finds the accused not guilty of the originally charged offense.

For example, "Manslaughter," under Article is a lesser included offense of "Murder," under Article If a military court finds the accused not guilty of the crime of Murder, the court can still find the accused guilty of Manslaughter, without the government having to amend the charges.

The list is long and fairly explanatory of the chargeable offenses of the UCMJ. Its purpose is to make clear that a person need not personally perform the acts necessary to constitute an offense to be guilty of it.

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False Official Statement. MCM, pt. IV, 31; UCMJ art. 107

UCMJ Article False Official Statements; False Swearing The MCM states under Article False Official Statements; False Swearing any service member may be prosecuted for false official statements if they: sign any false record, return, regulation, order, or other official document, knowing it to be false; or make any other false official statement knowing it to be false. A service member may be prosecuted under Article for false swearing if they: take an oath that is administered in a matter in which such oath is required or authorized by law; and is administered by a person with authority to do so; and upon such oath, makes or subscribes to a statement; if the statement is false and at the time of taking the oath, the person does not believe the statement to be true. In order to be convicted for false official statements, the prosecution must demonstrate: the accused signed a certain official document or made a certain official statement; the document or statement was false in certain particulars; the accused knew it to be false at the time of signing it or making it; and the false document or statement was made with the intent to deceive. A conviction for false swearing requires the prosecution to prove: the accused took an oath or equivalent; the oath or equivalent was administered to the accused in a matter in which such oath or equivalent was required or authorized by law; the oath or equivalent was administered by a person having authority to do so; upon this oath or equivalent the accused made or subscribed a certain statement; the statement was false; and the accused did not then believe the statement to be true. Understanding Article False official statements; false swearing of the UCMJ False Official Statements: Statements may be made orally or in writing and include records, returns, regulations, orders, or other documents. Official statements are those that affect military functions, which encompass matters within the jurisdiction of the military departments and services. The false representation must be made with the intent to deceive and the accused must be aware the representation is false.

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ARTICLE 107 MAKING FALSE OFFICIAL STATEMENTS

False Official Statement. MCM, pt. That the accused signed a certain official document or made a certain official statement; That the document or statement was false in certain particulars; That the accused knew it to be false at the time of signing it or making it; and That the false document or statement was made with the intent to deceive. Relation to Federal Statute. Congress intended Article to be construed in parimateria with 18 U.

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