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UCMJ Article 78 questions

22 answers, newest first

  1. What sentencing ranges typically apply in Article 78 convictions when the primary offense is severe?
  2. What role does command-directed reporting play in disproving Article 78 liability?
  3. What legal defenses are available against Article 78 charges stemming from familial loyalty?
  4. What is the statute of limitations for an Article 78 charge when the principal offense is murder?
  5. What distinguishes Article 78 from conspiracy under Article 81 in UCMJ prosecutions?
  6. UCMJ Article 78: What It Means to Be an Accessory After the Fact
  7. Is physical assistance required to support an Article 78 conviction, or can concealment be verbal?
  8. Is helping someone avoid NJP sufficient to constitute a violation of Article 78?
  9. How is the intent element of Article 78 distinguished from general knowledge of a cover-up?
  10. How does Article 78 apply to cyber-related conduct, such as deleting digital evidence?
  11. Can providing medical aid to an injured offender be considered an act under Article 78?
  12. Can providing financial support to a fugitive’s family be prosecuted under Article 78?
  13. Can military dependents be prosecuted under Article 78 if they are subject to UCMJ jurisdiction?
  14. Can mere silence in the face of a confession constitute liability under Article 78?
  15. Can Article 78 charges be supported solely by circumstantial evidence?
  16. Can aiding a co-accused during an investigation be prosecuted under Article 78?
  17. Can actions motivated by fear of reprisal still constitute a violation under Article 78?
  18. Can a witness’s refusal to testify be used to infer accessory liability under Article 78?
  19. Can a service member be convicted of both the principal offense and as an accessory under Article 78?
  20. Can a service member be charged under Article 78 for helping a deserter avoid detection?
  21. Can a plea deal for the primary offender affect the accessory’s prosecution under Article 78?
  22. Are command-imposed gag orders considered defenses against Article 78 charges?