Article 89 of the ucmj
What is the reputation of the superior officer? The concept is that one is innocent until proven guilty. Disrespecting a senior official can cause leadership failures to worsen to levels that render a group ineffective.
Free Initial Consultation Please enter your first name. Generally, this includes commissioned warrant officers. Last Name Please enter your last name. Points to Note about Article 89 Abusive or derogatory words and denunciatory language are considered as disrespectful behavior.
Disrespectful behavior is that which detracts from the respect due the authority and person of a superior commissioned officer. Do you have a history of disrespecting officers? With that said, an experienced court-martial lawyer can overcome these hurdles with the proper strategy.
Article 89 of the ucmj
That accused may not be convicted of being disrespectful to the officer who has so lost the entitlement to respect protected by Article Generally, this includes commissioned warrant officers. Please enter your phone number. If the victims are superior in grade, but inferior in command. What is the reputation of the superior officer? This disrespect may be in the form of an action or in language. Worldwide Since Article 89 — Disrespect Offenses Article 89 through 91 create a protected status for superior commissioned officers, noncommissioned officers, and warrant officers in the execution of their duties. The case law provides a number of examples of divestiture: Striking the accused  Challenging the accused to a fight  Using racial slurs towards a subordinate  Serving as a bartender at an enlisted party  Exceeding the scope of a search authorization to embarrass the accused by reading a private letter  Examples of conduct not amounting to divestiture include: General use of profanity General allegations of horseplay  Personal relationship with subordinate  Practice Pointers There are a number of ways to attack an Article 89 charge. We may be able to discredit their version of events with a combination of cross-examination and other witnesses who were there at the time of the alleged disrespectful statements. If the victim is superior in command to the accused, even if the victim is subordinate in rank to the accused. The following are suggested areas that counsel should investigate: The precise relationship between the accused and the victim. Knowledge may be proved by circumstantial evidence.
Consider that as you choose who represents you in your potentially life altering case. The accused violates article 89 irrespective of whether he has been disrespectful to the commissioned officer as a private individual or in his capacity as a superior officer.
A jury can also find a partial divestiture.
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