Article 92
Military personnel who are on leave are exempt from all application of military law.
A) True
B) False
B) False
Under Article 91, which of the following actions can result in punishment by court-martial?
A) Striking or assaulting a warrant officer, noncommissioned officer, or petty officer while they are executing their duties.
B) Willfully disobeying the lawful order of a warrant officer, noncommissioned officer, or petty officer
C) Treating a warrant officer, noncommissioned officer, or petty officer with contempt or disrespect while they are executing their duties
D) All of the above
D) All of the above
Under Article 85, a commissioned officer commits desertion if they quit their post without leave after doing this but before it's accepted.
Tendering their resignation
Regulations which only supply general guidelines or advice for conducting military functions may not be enforceable under Article 92(1).
A) True
B) False
A) True
Under Article 90, what is the maximum punishment for willfully disobeying a lawful command of a superior commissioned officer during peacetime?
A) Death
B) Dishonorable discharge and up to 10 years of confinement
C) Any punishment, other than death, as a court-martial may direct
D) No more than five years of confinement
C) Any punishment, other than death, as a court-martial may direct
Of the three types of AWOL listed under Article 86, this one does not require proof that the accused had actual knowledge of the duty requirement.
remaining absent from an assigned unit or place of duty
Which of the following is NOT a type of order violation:
A) Violation of or failure to obey a lawful general order or regulation.
B) Failure to obey other lawful order.
C) Negligent failure to perform assigned duties.
D) Dereliction in the performance of duties.
C) Negligent failure to perform assigned duties.
Which two elements must be present for an offense?
A) Cruelty and maltreatment
B) Oppression and negligence
C) Insubordination and recklessness
D) Abuse and dereliction
A) Cruelty and maltreatment
Under Article 89, what is the maximum possible punishment for assaulting a superior commissioned officer during wartime?
A) Dishonorable discharge
B) Reduction in rank
C) Death or such other punishment as a court-martial may direct
D) Forfeiture of pay
C) Death or such other punishment as a court-martial may direct
For a conviction under Article 87, the prosecution must prove the accused missed a movement involving one of these three elements of military coordination.
ship, aircraft, or unit
Which is an additional element of Article 92(2) that is not included in Article 92(1)?
A) Purpose
B) Knowledge
C) Recklessness
D) Negligence
B) Knowledge
In United States v. Brown, the court reversed two disrespect convictions under Article 91 because they did not meet this key requirement about where the misconduct must occur.
that the disrespect must occur in the sight, hearing, or presence of the victim
In United States v. Mackey, the court found the accused guilty of desertion despite his claim he didn’t intend to stay away permanently. He had been gone for this amount of time before being apprehended.
26 Months
What are the requirements for an order to be legally enforceable?
Orders must be directed towards the accused and intended to be an order, not simply guidance.
In a prosecution for maltreatment, it is not necessary to prove physical harm or suffering, but it is necessary to show...
, as measured from an objective viewpoint in light of the totality of the circumstances, that the accused’s actions reasonably could have caused physical or mental harm or suffering.
In United States v. Traxler, the accused was convicted under both Article 87 and Article 90 after refusing deployment. The court emphasized that this type of order—specific, written, and time-bound—carries distinct legal authority and is not merely redundant or implied.
a lawful command that mandates performance at a definite time and place
In United States v. Rogers, the court ruled that a servicemember’s AWOL status is not lawfully terminated by merely being present on post. Name two of the four specific actions required to officially end an unauthorized absence.
Presenting oneself overtly and in person with intent to return to duty,
Making that presentment to a military authority,
Identifying oneself and disclosing AWOL status,
Submitting to the control of that authority?