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UCMJ Article 90 questions

20 answers, newest first

  1. What qualifies as a lawful order under Article 90?
  2. What is the impact of the accused’s service record on sentencing under Article 90?
  3. How is the use of profanity during disobedience addressed under Article 90?
  4. How is mistaken belief in lawful order handled in a disobedience charge under Article 90?
  5. How is Article 90 applied differently in wartime versus peacetime settings?
  6. How does Article 90 handle the issue of intoxication at the time of disobedience?
  7. How does Article 90 apply when the accused disobeys during a lawful arrest?
  8. How are orders relayed through intermediaries treated under Article 90?
  9. Does Article 90 apply to refusals to participate in mandatory training or drills?
  10. Can the accused claim coercion or duress as a defense to Article 90?
  11. Can mental health issues be presented in defense of Article 90 charges?
  12. Can failure to salute escalate into an Article 90 charge?
  13. Can disobedience of a standing written order be prosecuted under Article 90?
  14. Can Article 90 charges be referred to a summary court-martial?
  15. Can Article 90 charges arise from training environments such as boot camp?
  16. Can Article 90 be charged for silent noncompliance with an oral order?
  17. Can Article 90 be charged concurrently with conduct prejudicial under Article 134?
  18. Can an officer’s informal suggestion be mistakenly interpreted as an order in Article 90 cases?
  19. Are service members required to obey orders they deem morally questionable under Article 90?
  20. Are Article 90 violations considered felonies under military law?