Senator Santorum

[Stacy Olivas]

<snip>
> > and I can't think of any civilized state where adultery
> is illegal.
> >
> > The limitations of your knowledge are not my
> responsibility. :) To take a
> > trivial example, the Uniform Code of Military Justice in the US has
> > penalties for adultery, although I'm not enough of an
> expert to make the
> > distinction of whether it proclaims it "illegal," which is
> an oft-misused
> > term.
>
> If you are thinking of the (relatively) recent media feeding
> frenzy, it was not a courts-marshall over adultery, per se,
> it was a courts-marshall over disobeying a direct order to not
> engage in adultery.  That's a totally different issue (Article
> 15).  The media made it about adultry, because adultry was more
> salable to their consumers than the reality.
>

Article 15 referes to the "Non-Judicial Punishment" that people recieve
(called many different things in varying branches of the military, Article
15, Office Hours, Captain's Mast)..

(A quick history of the UCMJ and some general info on it can be found at:
http://www.usconstitution.net/consttop_milj.html)

For an on-line version of the UCMJ (although a bit dated, it's the 1997
edition of the MCM or Manual for Courts Martial, which contains the UCMJ
articles) see:
http://www.constitution.org/mil/ucmj19970615.htm

The term "Non-Judicial Punishment" can be though of more of an
administrative action, since the punishment awarded (yes, the punishment is
awarded since it is not a sentencing) is non-judicial in manner.  A
conviction at a Court Martial trial is judicial in nature.  For the Article
15, there is an investigation (Article 32, if I remember correctly).  The
punishment at the Article 15 is awarded during a formal "hearing" by the
unit commander (the commanding officer.  depending on the branch of service,
it depends on who has the "NJP" (Non-Judicial Punishment) authority.  In the
Marine Corps it's your Company Commander (an O3 or Captain).  In the Navy,
it's normally the Commanding Officer of the command you are at.  I believe
Army operates in a simlar manner to the Marine Corps.   Not sure about the
Air Force.

Articles 77 - 134 are called the Punitive articles - what people are charged
with when they face an Article 15 (or Courts Martial).

What you were referring to, the disobeying a lawful order would have fallen
under Article 92: Failure to obey order or regulation.  Although they could
have, depending on who gave the order, could have been charged with Article
90: Assaulting or willfully disobeying superior commissioned officer as
well.

Punishments recieved can include:
Reduction in rank
Suspention of pay (basically 1/2 a month's pay taken over the period of like
2 months).
etc.
(There are different "punishments" for both Officers and Enlisted
personnel).

If anyone is interested in the UCMJ, the links above give some interesting
information.  The one thing that you have to remember: the UCMJ is totally
different from the civilian justice system.

Hope this helps.. :)

-Stacy