What is UCMJ Article 93?
UCMJ Article 93 prohibits cruelty, oppression, and maltreatment of any service member under the command of a superior. This includes actions that intentionally harm or degrade another person through physical or psychological means, violating the military’s standards for behavior and discipline.
Who can be charged under Article 93?
Any military service member, regardless of rank, can be charged under Article 93 if they engage in cruelty, oppression, or maltreatment toward a subordinate. The article typically applies to individuals in a position of authority or control, but subordinates can also be held accountable.
What actions constitute “cruelty” under Article 93?
Cruelty includes actions that cause physical or psychological harm, humiliation, or suffering to a subordinate. This could involve physical abuse, excessive punishment, or behavior that instills fear, distress, or unnecessary suffering in the victim.
What does “maltreatment” mean under Article 93?
Maltreatment refers to the intentional infliction of suffering or harm upon another service member. It can involve physical abuse, neglect, or other forms of inappropriate treatment that damage the dignity, well-being, or health of the person being mistreated.
What constitutes “oppression” under Article 93?
Oppression involves the abuse of power or authority to demean or mistreat a service member. It can include acts of psychological abuse or imposing undue hardship, often by using rank or position to coerce, intimidate, or control a subordinate.
Is it possible to be charged under Article 93 for verbal abuse alone?
Yes, verbal abuse can qualify as cruelty or maltreatment under Article 93 if the language used is severe enough to harm, intimidate, or degrade the individual being targeted. Insulting, demeaning, or threatening language can be considered oppression or maltreatment.
Can cruelty or maltreatment occur between peers?
Although Article 93 typically focuses on those in positions of authority over subordinates, maltreatment or cruelty can occur between peers. However, for the offense to fall under Article 93, it generally requires the abuser to be in a position of authority or control over the victim.
Can a service member be charged with Article 93 for failure to intervene in cases of abuse?
Yes, if a service member witnesses abuse and has a duty or opportunity to intervene but fails to do so, they can be charged with failure to intervene under Article 93, especially if they were in a position to stop the maltreatment.
Can a service member be charged under Article 93 for hazing?
Yes, hazing falls under the scope of cruelty and maltreatment. Any form of hazing that involves physical, psychological, or emotional harm can lead to charges under Article 93.
What is the difference between hazing and lawful training under Article 93?
Hazing involves actions designed to degrade, humiliate, or harm a service member, often as part of a ritual. Lawful training, on the other hand, is intended to develop skills, discipline, or teamwork and is done within the bounds of military regulations and oversight. Hazing is prohibited, while training is permitted as long as it does not cross into maltreatment.
What types of conduct could lead to a charge of cruelty or maltreatment?
Examples of conduct that could lead to charges under Article 93 include physical assaults, degrading comments, unnecessary physical punishments, excessive or unjustified demands, or any behavior that intentionally harms or causes fear in a subordinate.
What is the punishment for violating Article 93?
The punishment for violating Article 93 can range from non-judicial punishment (NJP) to a court-martial, depending on the severity of the offense. Punishments can include reduction in rank, confinement, forfeiture of pay, or a dishonorable discharge.
Is there a minimum threshold for the abuse to qualify as cruelty or maltreatment?
No, there is no minimum threshold for the abuse. Any intentional act that causes physical or psychological harm, suffering, or degradation can qualify as cruelty, oppression, or maltreatment, regardless of the degree of harm.
Does a service member’s rank or position matter when charged with Article 93?
Yes, the rank or position of the accused can impact the case, as Article 93 typically applies to those in positions of authority, such as officers, NCOs, or higher-ranking enlisted members who mistreat subordinates. However, even a peer can be charged if the behavior falls under cruelty or maltreatment.
Can cruelty or maltreatment charges be brought if the victim didn’t suffer lasting harm?
Yes, even if the victim does not suffer lasting physical harm, the behavior can still be considered cruelty or maltreatment if it causes immediate distress, fear, or emotional suffering. Psychological harm is often considered as serious as physical harm under Article 93.
Can a service member be charged under Article 93 for emotional abuse?
Yes, emotional abuse, including actions that manipulate, control, degrade, or humiliate another service member, can lead to charges under Article 93 if it is done intentionally and causes psychological harm or distress.
What is the role of intent in charges under Article 93?
Intent is a critical factor in charges under Article 93. The prosecution must demonstrate that the accused deliberately engaged in cruel or abusive behavior to cause harm or humiliation. If the conduct was unintentional or part of an accident, it may not meet the threshold for maltreatment or cruelty.
Can a service member claim that they were only “disciplining” the victim?
Claiming that the behavior was merely “discipline” is not a valid defense if the actions cross into the realm of abuse or mistreatment. Disciplinary actions must be lawful, proportional, and reasonable within military regulations. Excessive or degrading behavior can be seen as cruelty or maltreatment.
Can cruelty or maltreatment occur in private settings, away from the chain of command?
Yes, cruelty or maltreatment can occur in private settings, even if the incident takes place outside of a formal work environment. Any act of intentional harm or mistreatment is punishable under Article 93, whether it occurs on or off duty.
Can alcohol or drug use be used as a defense to charges under Article 93?
Alcohol or drug use is not a valid defense for cruelty or maltreatment under Article 93. However, intoxication may be considered in mitigation during sentencing, but it does not automatically excuse the behavior.
What if the accused claims they were only trying to “toughen up” the victim?
Attempting to “toughen up” a subordinate through cruelty or maltreatment is not a valid defense. The military maintains strict standards for behavior, and actions that harm or degrade others—no matter the intent—are not acceptable.
Can a service member be charged under Article 93 for participating in cruel behavior they didn’t initiate?
Yes, if a service member knowingly participates in or allows abusive behavior to occur, they can be charged under Article 93, even if they did not initiate the cruelty. Failure to intervene or stop mistreatment can lead to charges.
Does the severity of the maltreatment affect the charges under Article 93?
Yes, the severity of the maltreatment can influence the charges. Minor forms of cruelty or maltreatment may result in non-judicial punishment (NJP), while more severe cases, especially those involving physical harm or repeated abuse, can lead to court-martial and harsher penalties.
Can cruelty or maltreatment be charged in cases of excessive force during arrest or detention?
Yes, excessive force used during arrest or detention can be charged under Article 93 if the force is deemed unnecessary or overly harsh and causes harm or suffering to the individual.
Can a service member be charged under Article 93 for bullying or harassment?
Yes, bullying or harassment that involves intentional cruelty, oppression, or maltreatment toward a subordinate can lead to charges under Article 93, especially if it is designed to degrade, intimidate, or harm the victim.
What should a service member do if accused of cruelty or maltreatment under Article 93?
If accused under Article 93, the service member should invoke their Article 31 rights, avoid making self-incriminating statements, and contact a qualified military defense attorney immediately to ensure proper legal representation and guidance.
Can a service member be charged under Article 93 for neglecting to supervise subordinates properly?
Yes, neglecting to properly supervise subordinates or failing to prevent abuse or maltreatment by others can result in charges under Article 93 if the service member had a duty to intervene or prevent such behavior.
What is the standard of proof required for a conviction under Article 93?
The prosecution must prove beyond a reasonable doubt that the accused intentionally engaged in cruel, oppressive, or maltreating conduct toward another service member. The evidence must demonstrate intent, severity of harm, and the oppressive nature of the actions.
Can an accused claim that the victim was not harmed in order to avoid a conviction?
No, harm is not the only factor considered under Article 93. Even if the victim does not experience lasting harm, the behavior can still qualify as cruelty or maltreatment if it causes immediate suffering, fear, or distress.
Frequently Asked Questions
- What is the maximum punishment for violating Article 93?
The punishment for violating Article 93 can include a dishonorable discharge, confinement for up to 3 years, reduction in rank, and forfeiture of pay, depending on the severity of the abuse. - Can cruelty and maltreatment be charged for incidents that occurred off-duty?
Yes, as long as the behavior falls under cruelty or maltreatment and harms or degrades another service member, it is punishable under Article 93 regardless of whether it occurs on or off-duty. - Can cruelty under Article 93 be charged for actions that occur during training?
Yes, actions that occur during training can lead to charges under Article 93 if they involve intentional harm, degradation, or humiliation of a subordinate. - Can a senior officer be charged under Article 93 for maltreating a junior officer?
Yes, although senior officers typically do not fall under the same category as enlisted personnel, they can still be charged with cruelty or maltreatment if they mistreat or abuse subordinates. - Can cruelty or maltreatment be charged if the victim didn’t report the abuse immediately?
Yes, even if the victim didn’t report the abuse immediately, the accused can still face charges under Article 93 if it is determined that they intentionally engaged in abusive behavior. - Can cruelty or maltreatment be considered in cases of excessive use of authority?
Yes, using one’s rank or authority to intimidate, oppress, or harm a subordinate can lead to charges under Article 93, as it constitutes an abuse of power. - Can hazing be a form of cruelty or maltreatment under Article 93?
Yes, any form of hazing that involves physical, emotional, or psychological harm to a subordinate can result in charges under Article 93 for cruelty or maltreatment. - What if the accused was under stress or in an emotional state when the cruelty occurred?
While stress or emotional state may be considered during sentencing, it is not a valid defense to cruelty or maltreatment under Article 93. The behavior must be intentional and harmful to the victim. - Can cruelty under Article 93 involve racial or sexual discrimination?
Yes, if the cruelty or maltreatment involves discrimination, harassment, or any form of demeaning behavior related to race, sex, or other protected classes, it can lead to charges under Article 93. - Can cruelty or maltreatment be charged for acts of neglect or failure to provide adequate care?
Yes, failure to properly care for, supervise, or protect a subordinate can be considered maltreatment under Article 93 if the negligence results in harm, suffering, or degradation.