Showing posts with label Mutiny. Show all posts
Showing posts with label Mutiny. Show all posts

Tuesday, 7 May 2013

Benghazi: Mutiny and Sedition


"Why doth Treason never prosper...?

...for if it prospered, none dare call it "Treason"...."


Uniform Code of Military Justice (UCMJ)





ART. 94. MUTINY OR SEDITION


(a) Any person subject to this chapter who--

(1) with intent to usurp or override lawful military authority, refuses, in concert with any other person, to obey orders or otherwise do his duty or creates any violence or disturbance is guilty of mutiny;

(2) with intent to cause the overthrow or destruction of lawful civil authority, creates, in concert with any other person, revolt, violence, or disturbance against that authority is guilty of sedition;

(3) fails to do his utmost to prevent and suppress a mutiny or sedition being committed in his presence, or fails to take all reasonable means to inform his superior commissioned officer or commanding officer of a mutiny or sedition which he knows or has reason to believe is taking place, is guilty of a failure to suppress or report a mutiny or sedition.

(b) A person who is found guilty of attempted mutiny, mutiny, sedition, or failure to suppress or report a mutiny or sedition shall be punished by death or such other punishment as a court-martial may direct.

Note: For specific details concerning this offense, including elements of proof, maximum punishments, and detailed explanation, see  "Punitive Articles of the UCMJ"





Punitive Articles of the UCMJ 


Article 106a—Espionage


(a)

“(1) Any person subject to this chapter who, with intent or reason to believe that it is to be used to the injury of the United States or to the advantage of a foreign nation, communicates, delivers, or transmits, or attempts to communicate, deliver, or transmit, to any entity described in paragraph (2), either directly or indirectly, anything described in paragraph (3) shall be punished as a court-martial may direct, except that if the accused is found guilty of an offense that directly concerns (A) nuclear weaponry, military spacecraft or satellites, early warning systems, or other means of defense or retaliation against large scale attack, (B) war plans, (C) communications intelligence or cryptographic information, or (D) any other major weapons system or major element of defense strategy, the accused shall be punished by death or such other punishment as a court-martial may direct.

 (2) An entity referred to in paragraph (1) is—

(A) a foreign government;

(B) a faction or party or military or naval force within a foreign country, whether recognized or unrecognized by the United States; or

 (C) a representative, officer, agent, employee, subject, or citizen of such a government, faction, party, or force.


(3) A thing referred to in paragraph (1) is a document, writing, code book, signal book, sketch, photograph, photographic negative, blueprint, plan, map, model, note, instrument, appliance, or information relating to the national defense.

(b)

(1) No person may be sentenced by court-martial to suffer death for an offense under this section (article) unless—

(A) the m bers of the court-martial unanimously find at least one of the aggravating factors set out in subsection (c); and

(B) the members unanimously determine that any extenuating or mitigating circumstances are substantially outweighed by any aggravating circumstances, including the aggravating factors set out under subsection (c).

(2) Findings under this subsection may be based on— (A) evidence introduced on the issue of guilt or innocence; (B) evidence introduced during the sentencing proceeding; or

(C) all such evidence. (3) The accused shall be given broad latitude to present matters in extenuation and mitigation.

(c) A sentence of death may be adjudged by a court-martial for an offense under this section (article) only if the members unanimously find, beyond a reasonable doubt, one or more of the following aggravating factors:

(1) The accused has been convicted of another offense involving espionage or treason for which either a sentence of death or imprisonment for life was authorized by statute.

(2) In the commission of the offense, the accused knowingly created a grave risk of substantial damage to the national security.

(3) In the commission of the offense, the accused knowingly created a grave risk of death to another person.

(4) Any other factor that may be prescribed by the President by regulations under section 836 of this title (Article 36).”


Elements.
 

(1) Espionage.

(a) That the accused communicated, delivered, or transmitted any document, writing, code book, signal book, sketch, photograph, photographic negative, blueprint, plan, map, model, note, instrument, appliance, or information relating to the national defense;
 

(b) That this matter was communicated, delivered, or transmitted to any foreign government, or to any faction or party or military or naval force within a foreign country, whether recognized or unrecognized by the United States, or to any representative, officer, agent, employee, subject or citizen thereof, either directly or indirectly; and

(c) That the accused did so with intent or reason to believe that such matter would be used to the injury of the United States or to the advantage of a foreign nation.

(2) Attempted espionage.
(a) That the accused did a certain overt act;

(b) That the act was done with the intent to commit the offense of espionage;

(c) That the act amounted to more than mere preparation; and

(d) That the act apparently tended to bring about the offense of espionage.


(3) Espionage as a capital offense.

(a) That the accused committed espionage or attempted espionage; and

(b) That the offense directly concerned (1) nuclear weaponry, military spacecraft or satellites, early warning systems, or other means of defense or retaliation against large scale attack, (2) war plans, (3) communications intelligence or cryptographic information, or (4) any other major weapons system or major element of defense strategy.

Explanation.

(1) Intent. “Intent or reason to believe” that the information “is to be used to the injury of the United States or to the advantage of a foreign nation” means that the accused acted in bad faith and with-out lawful authority with respect to information that is not lawfully accessible to the public.


(2) National defense information. “Instrument, appliance, or information relating to the national defense” includes the full range of modern technology and matter that may be developed in the future, including chemical or biological agents, computer technology, and other matter related to the national defense.

(3) Espionage as a capital offense. Capital punishment is authorized if the government alleges and proves that the offense directly concerned (1) nuclear weaponry, military spacecraft or satellites, early warning systems, or other means of defense or retaliation against large scale attack, (2) war plans, (3) communications intelligence or cryptographic in-formation, or (4) any other major weapons system or major element of defense strategy. See R.C.M. 1004 concerning sentencing proceedings in capital cases.


Lesser included offense. Although no lesser included offenses are set forth in the Code, federal civilian offenses on this matter may be incorporated through the third clause of Article 134.


Maximum punishment.


(1) Espionage as a capital offense. Death or such other punishment as a court-martial may direct. See R.C.M. 1003.


(2) Espionage or attempted espionage. Any punishment, other than death, that a court-martial may direct. See R.C.M. 1003.


Punitive Articles of the UCMJ
Article 94—Mutiny and sedition


a) "Any person subject to this chapter who--

(1) with intent to usurp or override lawful military authority, refuse, in concert with any other person, to obey orders or otherwise do his duty or creates any violence or disturbance is guilty of mutiny;(2) with intent to cause the overthrow or destruction of lawful civil authority, creates, in concert with any other person, revolt, violence, or other disturbance against that authority is guilty of sedition;(3) fails to do his utmost to prevent and suppress a mutiny or sedition being committed in his presence, or fails to take all reasonable means to inform his superior commissioned officer or commanding officer of a mutiny or sedition which he knows or has reason to believe is taking place, is guilty of a failure to suppress or report a mutiny or sedition.

(b) A person who is found guilty of attempted mutiny, mutiny, sedition, or failure to suppress or report a mutiny or sedition shall be punished by death or such other punishment as a court-martial may direct."


Elements.

(1) Mutiny by creating violence or disturbance.



(a) That the accused created violence or a disturbance; and(b) That the accused created this violence or disturbance with intent to usurp or override lawful military authority.


(2) Mutiny by refusing to obey orders or perform duty.

(a) That the accused refused to obey orders or otherwise do the accused's duty;


(b) That the accused in refusing to obey orders or perform duty acted in concert with another person or persons; and(c) That the accused did so with intent to usurp or override lawful military authority.


(3) Sedition.

(a) That the accused created revolt, violence, or disturbance against lawful civil authority;(b) That the accused acted in concert with another person or persons; and(c) That the accused did so with the intent to cause the overthrow or destruction of that authority.


(4) Failure to prevent and suppress a mutiny or sedition.

(a) That an offense of mutiny or sedition was committed in the presence of the accused; and(b) That the accused failed to do the accused's utmost to prevent and suppress the mutiny or sedition.


(5) Failure to report a mutiny or sedition.

(a) That an offense of mutiny or sedition occurred;(b) That the accused knew or had reason to believe that the offense was taking place; and(c) That the accused failed to take all reasonable means to inform the accused's superior commissioned officer or commander of the offense.


(6) Attempted mutiny.

(a) That the accused committed a certain overt act;(b) That the act was done with specific intent to commit the offense of mutiny;(c) That the act amounted to more than mere preparation; and(d) That the act apparently tended to effect the commission of the offense of mutiny.


Explanation.


(1) Mutiny. Article 94( a)(1) defines two types of mutiny, both requiring an intent to usurp or override military authority.

(a) Mutiny by creating violence or disturbance. Mutiny by creating violence or disturbance may be committed by one person acting alone or by more than one acting together.(b) Mutiny by refusing to obey orders or perform duties. Mutiny by refusing to obey orders or perform duties requires collective insubordination and necessarily includes some combination of two or more persons in resisting lawful military authority. This concert of insubordination need not be preconceived, nor is it necessary that the insubordination be active or violent. It may consist simply of a persistent and concerted refusal or omission to obey orders, or to do duty, with an insubordinate intent, that is, with an intent to usurp or override lawful military authority. The intent may be declared in words or inferred from acts, omissions, or surrounding circumstances.


(2) Sedition. Sedition requires a concert of action in resistance to civil authority. This differs from mutiny by creating violence or disturbance. See subparagraph c(1)( a) above.

(3) Failure to prevent and suppress a mutiny or sedition. "Utmost" means taking those measures to prevent and suppress a mutiny or sedition which may properly be called for by the circumstances, including the rank, responsibilities, or employment of the person concerned. "Utmost" includes the use of such force, including deadly force, as may be reasonably necessary under the circumstances to prevent and suppress a mutiny or sedition.

(4) Failure to report a mutiny or sedition. Failure to "take all reasonable means to inform" includes failure to take the most expeditious means available. When the circumstances known to the accused would have caused a reasonable person in similar circumstances to believe that a mutiny or sedition was occurring, this may establish that the accused had such "reason to believe" that mutiny or sedition was occurring. Failure to report an impending mutiny or sedition is not an offense in violation of Article 94. But see paragraph 16c(3), (dereliction of duty).

(5) Attempted mutiny. For a discussion of attempts, see paragraph 4.


Lesser included offenses.

(1) Mutiny by creating violence or disturbance.
 

(a) Article 90--assault on commissioned officer(b) Article 91--assault on warrant, noncommissioned, or petty officer(c) Article 94--attempted mutiny(d) Article 116--riot; breach of peace(e) Article 128--assault(f) Article 134--disorderly conduct


(2) Mutiny by refusing to obey orders or perform duties.

(a) Article 90--willful disobedience of commissioned officer(b) Article 91--willful disobedience of warrant, noncommissioned, or petty officer(c) Article 92--failure to obey lawful order(d) Article 94--attempted mutiny


(3) Sedition.


(a) Article 116--riot; breach of peace(b) Article 128--assault(c) Article 134--disorderly conduct(d) Article 80--attempts



Maximum punishment. 

For all offenses under Article 94, death or such other punishment as a court-martial may direct.