NCJ Number
18158
Journal
Saint Louis University Law Journal Volume: 18 Issue: 1 Dated: (FALL 1973) Pages: 150-169
Date Published
1973
Length
20 pages
Annotation
1943 CASE IN WHICH THE COURT OF APPEALS HELD THAT INDIVIDUAL NOTICE OF THE TYPES OF CONDUCT AGAINST WHICH THIS ARTICLE WAS DIRECTED WAS NOT SUFFICIENT TO SATISFY THE DUE PROCESS REQUIREMENT OF THE FIFTH AMENDMENT.
Abstract
ARTICLE 134 OF THE UNIFORM CODE OF MILITARY JUSTICE CONTAINS THREE OPERATIVE CLAUSES. THE FIRST DEALS WITH 'DISORDERS AND NEGLECTS TO THE PREJUDICE OF GOOD ORDER AND DISCIPLINE'; THE SECOND COVERS 'CONDUCT OF A NATURE TO BRING DISCREDIT'; AND THE THIRD CONCERNS 'CRIMES AND OFFENSES NOT CAPITAL'. THE EVOLUTION OF THIS GENERAL ARTICLE IS DISCUSSED AND THE VAGUENESS AND OVERBREADTH OF THE ARTICLE ARE ANALYZED. CONSIDERED IS THE POTENTIAL FOR HARASSMENT OF SERVICEMEN AND THE MANIPULATION OF CHARGE SPECIFICATION TO MAXIMIZE PUNISHMENT. ITS USE TO PROSECUTE 'NOVEL OFFENSES', OFFENSES NOT LISTED IN OTHER ARTICLES OF THE UNIFORM CODE OF MILITARY JUSTICE (UCMJ), IS ALSO EXAMINED. ARGUMENTS FOR JUSTIFICATION OF THE GENERAL ARTICLE ON THE GROUNDS OF MILITARY NECESSITY SUCH AS CONTROL OF POLITICAL DISSENT AND THE NEED FOR COMBAT EFFICIENCY, ARE ALSO EXPLORED. THE AUTHOR, CONCLUDES THAT THE LARGE NUMBER OF COMPREHENSIVE CRIMINAL STATUTES AVAILABLE TO PROHIBIT OFFENSIVE CONDUCT BY SERVICEMEN ELIMINATES THE REQUIREMENT FOR A VAGUE GENERAL ARTICLE AND THAT THE MILITARY DOES NOT NEED ARTICLE 134 TO MAINTAIN THE DISCIPLINE AND ORDER NECESSARY TO WIN WARS.