It is a complete reprinting and incorporates the mcm 2008 edition, including all amendments to the rules for courtsmartial, military rules of evidence mil. Military defense attorney for article 108 of the ucmj. The purpose of article 108 is to ensure that all military property, however obtained and wherever located, is protected from loss, damage, or destruction. Article 108 damage, wrongful disposition, sale, loss or. Loss, damage, destruction, or wrongful disposition of. Any person subject to this chapter who, without justification or excuse, unlawfully kills a human being, when he, 1 has a premeditated design to kill. There are several situations that are covered under this article as follows. Articles 77 through 4 of the uniform code of military justice ucmj, also known as the punitive articles, outline acts that are punishable in the u. Uniform code of military justice index and legislative history a absence without leave art. It is a complete reprinting and incorporates the mcm 2012 edition, including all amendments to the preamble, rules for courtsmartial r. A proper article 108 defense will take into account the circumstances surrounding the loss of military property as well as the intentions of the service member at the time of the propertys loss, destruction or mismanagement. Article 108 deals with the destruction of government property, and the text reads. Index and legislative history a library of congress.
Memorandum of understanding between the departments of justice and transportation. Article 10 of the ucmj is the article which covers restraint of personnel charged with offences article 10 is why youd be held in confinement, not. A service member of the united states armed forces who is found to have hazarded a u. Manual for courtsmartial 2019 edition supplemental materials. A complaint may be filed against a single superior. Any person subject to this chapter who, without proper authority sells or otherwise disposes of. Article 8 complaint of wrongs against the commanding officer.
As such, all persons subject to the ucmj have an affirmative duty to preserve the integrity of military property. Military property article 108 deals with incidents where military property comes to harm or it is disposed of in a wrongful manner. The manual for courtsmartial mcm, united states 2016 edition updates the mcm 2012 edition. Ucmj article 108 destruction of government property. The manual for courtsmartial mcm, united states 2012 edition updates the mcm 2008 edition. Title 10 armed forces subtitle a general military law part ii personnel. Negligent homicide article 118 court martial defense firm. Any member of the armed forces who believes himself herself wronged by hisher commanding officer may file an article 8. Ucmj article 8 jagman, chapter 3, complaint of wrongs 10 u.
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