Skip to the ladder
Military Lawyers

The ladder

UCMJ Article 92 questions

14 answers, newest first

  1. What constitutes constructive knowledge of an order or regulation in an Article 92 prosecution?
  2. How do courts determine whether a regulation is punitive for the purposes of Article 92 enforcement?
  3. How are religious objections to Article 92 orders litigated in court-martial?
  4. Can simultaneous orders from multiple superiors create conflicting obligations relevant in Article 92 defenses?
  5. Can regulatory noncompliance be excused under Article 92 if mission-critical tasks required deviation?
  6. Can outdated or rescinded regulations still support an Article 92 charge if the accused acted under prior guidance?
  7. Can Article 92 be used to prosecute refusal to submit to a urinalysis test ordered by command?
  8. Can a verbal order be the basis for an Article 92 charge, or must it be written?
  9. Can a superior’s improper motive for issuing an order invalidate an Article 92 prosecution?
  10. Can a pattern of failed room inspections be used to prove dereliction under Article 92?
  11. Can a military member face both Article 92 and Article 134 charges for the same misconduct?
  12. Can a failure to comply with COVID-19 quarantine orders fall under the scope of Article 92?
  13. Are military customs and traditions enforceable through Article 92 if not formalized as regulations?
  14. Are military contractors subject to Article 92 when integrated into regular unit procedures?