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Essay on UCMJ Article 92

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❶Orders are either lawful or unlawful. By clicking "SEND", you agree to our terms of service and privacy policy.

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Conscription-based military units are characterized by different forms of extra-regulation relations barracks-room hazing, friendly societies of persons coming from same district , which are unlikely to disappear completely with the conversion to enlistment. Separate servicemen, too, may impose their own regulations within elements, something that forms part of their behavioral strategy directed at strengthening their leadership within the system of relations along with their informal power.

As is to be regretted, it is society's current disrespect for law, things legal and the authorities, its revulsion for measures aimed at maintaining law and order that are the general social source of psychological problems in the area of military discipline. This kind of negative sociological consciousness is responsible for the situation where people are not prepared to accept certain restrictions of their freedom and needs for the sake of general organization and security. Daily observations and specialized studies show that the enlistees are likely to display in full measure one of the regularities that more often than not tends to ascribe indiscipline to others rather than oneself this means that an undisciplined soldier doesn't see himself as such.

The unfavorable tendencies are enhanced by the sick sociopsychological background created by social deviations in society, like alcoholism, drug addiction, crime, abuse of power, etc.

As a result, the RF Armed Forces acquire enlistees possessing a definite experience of this kind as well as stable negative motivation attitudes Some other reasons generating disciplinary and psychological problems are the conditions, factors, events, as well as such decisions and actions coming from senior chiefs as will prevent a soldier from implementing his normative motivation.

If willingness to obey discipline is not encouraged and contrasts with the behavior of other servicemen, if obeying some ordinary rule takes an almost heroic effort, the inner resources of discipline are dissipated quite rapidly. Military discipline is a daily concern of the military district commander, his deputies, the military council, and unit and formation commanders at all levels in the district.

Only a short while ago it was believed that crime, alcohol and drug abuse, suicides and other deviations from social norms were survivals of the distant past and that at a certain point in the development of society they would disappear altogether. Back in the early 20th century, the French sociologist Emile Durkheim came to the conclusion that social deviation, including crime, is a phenomenon which has never been and can never be eliminated altogether in any society.

In other words, every society has always had and will continue to have a certain number of individuals who, for various internal or external reasons or a combination of such reasons, tend to violate to "deviate" from the established social norms. Society's most important task is to ensure that social deviations do not reach a critical mass that would endanger its very existence. A natural question arising in this context is whether this social deviation phenomenon is characteristic of the Armed Forces?

It certainly is, because the armed forces are an integral part of the state and society, and servicemen are a part of the people. First, all the positive and negative behavioral trends and regularities intrinsic to society fully manifest themselves in the behavior of servicemen. Second, the Army is one of society's social organisms which can itself be liable to distortion, hence the social deviations in the behavior of servicemen.

Third, the armed forces with strictly regulated military service are a social institution with its own specific social norms in addition to those existing in society. In the army, the behavior of servicemen is more tightly regulated compared with other social units and institutions.

In view of that, servicemen are more likely to depart from the established norms, since the normative value system of the armed forces allows them a lesser degree of freedom in choosing a line of behavior. The task we face today is to work out and introduce into the combat training process the most effective and sometimes unconventional forms and methods of maintaining the required standards of personal officer and nco training so as to keep the most promising of them in the Armed Forces.

It is also clear that an officer, nco or soldier for that matter working hard at his professional job simply has no time to commit any offenses. Military discipline is one of the main factors determining the army's combat readiness and combat efficiency. This truth has stood the test of history on many occasions. It is no accident that military leaders and commanders have always regarded a tightening of discipline among the troops as a task of paramount importance.

Suvorov called discipline "the mother of victory. Orders are either lawful or unlawful. The informal term "direct order" tends to mean an order given face-to-face from a person in authority to a subordinate. It has zero meaning under the UCMJ as the "direct order" still has to be lawful to have effect.

Upon enlisting each soldier swore the following oath;. I do solemnly swear or affirm that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; and that I will obey the orders of the President of the United States and the orders of the officers appointed over me, according to regulations and the Uniform Code of Military Justice.

A general order or regulation is lawful unless it is contrary to the Constitution, the laws of the United States, or lawful superior orders or for some other reason is beyond the authority of the official issuing it.

In the armed forces of the United States, officers Both commissioned and non-commissioned. These orders are assumed By them. Recruits are taught to obey, immediately and without question, orders from their superiors, right from day-one of boot camp. Military members who fail to obey the lawful orders of their superiors risk serious consequences. Article 92 makes it a crime to disobey any lawful order the disobedience does not have to be "willful" under this article.

In fact, under Article 90, during times of war, a military member who willfully disobeys a superior commissioned officer can be sentenced to death.

Seems like pretty good motivation to obey any order you're given, right? An order which is unlawful not only does not need to be obeyed, but obeying such an order can result in criminal prosecution of the one who obeys it. Military courts have long held that military members are accountable for their actions even while following orders -- if the order was illegal. The defense didn't work for them, nor has it worked in hundreds of cases since. The first recorded case of a United States Military officer using the "I was only following orders" defense dates back to During the War with France, Congress passed a law making it permissible to seize ships bound to any French Port.

However, when President John Adams wrote the order to authorize the U. If you have received multiple counsellings under this article you can be recommended an article 15 or for involuntary separation from the army, on the grounds of failure to adapt, or for patterns of misconduct.

Article 92 is perhaps the most important article in the Uniform Code of Military Justice. It lays down the ground law, the absolute line which should not be crossed. Everything else in the UCMJ is explanation of a specific variant of disobeying an order. We are the base of our countries defenses, we as a whole are the guardians of freedom and the american way of life.

Without us, this country would not exist, and could not exist. To keep America this way , we must be professional,strong, unified, and accountable. And if one person is unlawfully disobeying this, it undermines the basis of all of our training. The military can only function if orders, when given, are obeyed. And, as much as we would like to trust in the honesty and integrity of the men and women who made that oath, put their lives on the line for their country, and fight to keep our brothers and sisters free, the sad truth is that there are many out there that, if not given a clear set of rules, a clear set of punishments for transgressions, will not follow the rules, will not care about the punishments, will not be productive, efficient members of the military.

They reinforce the behavior of those who do the right thing. They punish those who do not do the right thing,ending such behaviors. With such a system, the bad eggs, those who are unfit to fight will be separated before they can cause any more problems from within the ranks. Accountability is the backbone of the United states military, and allows us to successfully operate but also allows our leadership to make sure our lives are safe and in order.

Missing morning formation can result in myself or other soldier getting in trouble, and raises a red flag to the leadership that something may be wrong. Let us create the best one for you! What is your topic? By clicking "SEND", you agree to our terms of service and privacy policy.

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Article 92 of the uniform code of military justice is when a solider fails to obey an order or regulation given to them by an NCO, officer, or someone pointed above them in section or squad.

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Aug 17,  · Without the support given by Article 92, servicemembers would be free to do whatever they want, whenever they want, and wouldn't be any more accountable than a civilian court. And the Judicial system in this country has been, sadly, much perverted from the goals it was created with.

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Article 92, a sub section of the UCMJ, is intended to establish set precedents of punishment and examples of the crime of failing to obey an order or regulation. This Article is very important and is the fundamental backbone of all the military stands for. Free Essay: PFC Thiel Dillon F 26 October Article 92 Essay th ORD CO (EOD) While at his NTC rotation PFC Thiel was tasked by SFC Graff with being at.

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Read this essay on Article 92 of the Ucmj. Come browse our large digital warehouse of free sample essays. Get the knowledge you need in order to pass your classes and more. Only at". Free Essay: This is a word RBI on Article 92 (Failure to obey order or regulation) and Article 86 (Absence without leave) Article 92 states that any and.