What is Cruelty and Maltreatment Article 93 UCMJ?

What is Cruelty and Maltreatment Article 93 UCMJ?

Call our experienced Cruelty and Maltreatment Article 93 UCMJ defense lawyers today

“Any person subject to this chapter who is guilty of cruelty toward, or oppression or maltreatment of, any person subject to his orders shall be punished as a court-martial may direct.” Article 93.

Understanding Cruelty and Maltreatment Article 93 UCMJ

Article 93 of the Uniform Code of Military Justice (UCMJ) deals with cruelty and maltreatment. This article is designed to protect service members from abusive behavior by superiors. Under Article 93, any person subject to the UCMJ found guilty of cruelty, oppression, or maltreatment toward any subordinate can face severe penalties, including court-martial, imprisonment, and dishonorable discharge.

What Constitutes Cruelty and Maltreatment Article 93 UCMJ?

Cruelty and maltreatment under UCMJ Article 93 involve actions that cause physical or mental harm to subordinates. This can include, but is not limited to, physical abuse, verbal harassment, psychological manipulation, and oppressive behavior. The key factor is the misuse of power by someone in a position of authority, resulting in the mistreatment of a subordinate. Such actions undermine the integrity of military leadership and the welfare of service members.

Examples of Cruelty and Maltreatment Article 93 UCMJ

Examples of actions that could be considered Cruelty and Maltreatment Article 93 UCMJ:

1. Physical Abuse: Striking or beating a subordinate.
2. Verbal Abuse: Insulting or belittling a subordinate repeatedly.
3. Sexual Harassment: Making unwanted sexual advances or comments towards a subordinate.
4. Threats of Violence: Threatening physical harm to a subordinate.
5. Excessive Punishment: Administering punishments that are unreasonably harsh or not authorized.
6. Hazing: Subjecting a subordinate to humiliating or degrading initiation rituals.
7. Unjust Imprisonment: Confining a subordinate without proper authority or justification.
8. Deprivation of Basic Needs: Denying a subordinate necessary food, water, or medical care.
9. Unfair Work Assignments: Assigning tasks that are impossible to complete or excessively dangerous without justification.
10. Public Humiliation: Forcing a subordinate to perform degrading acts in front of others.
11. Discriminatory Treatment: Treating a subordinate unfairly based on race, gender, religion, or other protected characteristics.
12. Sexual Assault: Forcing or attempting to force a subordinate into sexual acts.
13. Mental Abuse: Engaging in behavior designed to terrorize or psychologically harm a subordinate.
14. Forced Alcohol Consumption: Forcing a subordinate to consume alcohol against their will.
15. Coercion: Forcing a subordinate to perform illegal acts.
16. Neglect: Failing to provide necessary support or assistance to a distressed subordinate.
17. Unjust Withholding of Privileges: Denying a subordinate reasonable leave or liberty without justification.
18. Sabotaging Efforts: Deliberately setting a subordinate up for failure.
19. Inappropriate Isolation: Isolating a subordinate from their peers without a valid reason.
20. Inadequate Training: Deliberately withholding necessary training or information.
21. Unauthorized Searches: Conducting invasive or humiliating searches without proper authority.
22. Disrespecting Personal Property: Destroying or tampering with a subordinate’s personal belongings.
23. Involuntary Servitude: Forcing subordinates to perform personal errands or tasks unrelated to their duties.
24. Intimidation: Using rank or position to scare a subordinate into compliance.
25. Unjust Financial Penalties: Imposing unauthorized fines or financial burdens.
26. Sexual Exploitation: Taking advantage of a subordinate’s vulnerability for sexual gain.
27. Retaliation: Punishing a subordinate for reporting misconduct.
28. Excessive Criticism: Constantly berating a subordinate without offering constructive feedback.
29. Unnecessary Exposure to Danger: Forcing subordinates into harmful situations without valid operational need.
30. Unauthorized Medical Procedures: Performing or forcing a subordinate to undergo medical procedures without consent.

These examples illustrate the range of conduct that could fall under the scope of cruelty and maltreatment according to Article 93 of the UCMJ.

Military Lawyers for Cruelty and Maltreatment Article 93 UCMJ

Article 93 UCMJ: Cruelty and Maltreatment of Subordinates – Maximum Punishments

• Offenses committed from 1 Jan 2019 to 27 Dec 2023: DD, TF, 3 years, E-1
• Offenses committed after 27 Dec 2023: Category 1 Offense – Confinement from 0-12 months, DD, TF, E-1

Penalties for Violating Cruelty and Maltreatment Article 93 UCMJ

Violating Cruelty and Maltreatment Article 93 UCMJ can lead to severe consequences. Depending on the nature and severity of the offense, penalties may include confinement, reduction in rank, forfeiture of pay, dishonorable discharge, or other punitive measures. The goal of these penalties is to maintain discipline and ensure the protection of service members from abusive practices.

The Importance of Hiring an Experienced Military Defense Lawyer for Cruelty and Maltreatment Article 93 UCMJ Cases

Facing charges under Cruelty and Maltreatment Article 93 UCMJ is a serious matter that requires expert legal representation. An experienced military defense lawyer can provide essential guidance and develop a strong defense strategy. They can help the accused navigate the complexities of military law, challenge the evidence presented by the prosecution, and ensure their rights are protected throughout the legal process.

Hiring the Best Court Martial Lawyer to Defend Cruelty and Maltreatment Article 93 UCMJ

Cruelty and maltreatment under Article 93 UCMJ are grave offenses that undermine the integrity and trust within the military hierarchy. It is crucial for those accused to seek experienced legal representation to defend against these serious charges. Understanding the implications of Article 93 and having the right legal support can significantly affect the outcome of such cases.

Elements of Cruelty and Maltreatment Article 93 UCMJ

1. That a certain person was subject to the orders of the accused; and
2. That the accused was cruel toward, or oppressed, or maltreated that person.

Nature of the Victim in Cruelty and Maltreatment Article 93 UCMJ Cases

In a Cruelty and Maltreatment Article 93 UCMJ, the victim must be subject to the orders of the accused. This includes not only those under the direct or immediate supervision or command of the accused but also any person (soldier or civilian) who is required by law to obey the lawful orders of the accused.

• United States v. Sojfer, 44 M.J. 603 (N-M. Ct. Crim. App. 1996) (E-3 seeking care at the military medical facility could be “subject to the orders of” an E-6 corpsman since there was an important difference in rank which required the victim to obey the accused’s orders), aff’d, 47 M.J. 425 (C.A.A.F. 1998).
• United States v. Cury, 28 M.J. 419 (C.M.A. 1989) (requiring more than the seniority of rank to implicate Cruelty and Maltreatment Article 93 UCMJ).

Nature of the Act in Cruelty and Maltreatment Article 93 UCMJ

Although not necessarily physical, cruelty, oppression, or maltreatment must be measured by an objective standard. Assault, improper punishment, and sexual harassment may constitute this offense. MCM, pt. IV,  17c(2).

The nature of the superior’s official position could place them in a “unique situation of dominance and control” and therefore bring ostensibly voluntary sexual relationship with a trainee within the definition of oppression and maltreatment. Still, not all personal relationships between superiors and subordinates, or between drill sergeants and their trainees, necessarily result in physical or mental pain or suffering. The government has the burden of proving that the accused’s conduct resulted in such physical or mental pain and suffering by an objective standard.

• United States v. Johnson, 45 M.J. 543 (Army Ct. Crim. App. 1997).
• United States v. Fuller, 54 M.J. 107 (C.A.A.F. 2000) (comment of sexual nature was not maltreatment by sexual harassment because the prosecution failed to prove that it offended the alleged victim)
• U.S. v Goddard, 54 M.J. 763 (N-.M Ct. Crim. App. 2000).

In a prosecution for maltreatment under Cruelty and Maltreatment Article 93 UCMJ, it is not necessary to prove physical or mental harm or suffering on the part of the victim. It is only necessary to show, as measured from an objective viewpoint in light of the totality of the circumstances that the accused’s actions reasonably could have caused physical or mental harm or suffering. United States v. Carson, 57 M.J. 410 (C.A.A.F. 2002) (MP desk sergeant’s indecent exposure of his penis to a subordinate female MP constituted maltreatment under Cruelty and Maltreatment Article 93 UCMJ).

Select Legal Cases on Cruelty and Maltreatment Article 93 UCMJ

1. A consensual sexual relationship between a superior and a subordinate, without more, is not maltreatment. United States v. Fuller, 54 M.J. 107 (C.A.A.F. 2000) (even though the relationship may have constituted fraternization, the evidence did not evince “dominance and control” by the superior).
2. U.S. v Goddard, 54 M.J. 763 (N.M. Ct. Crim. App. 2000). A one-time consensual sexual encounter with a female subordinate on the floor of the detachment’s administrative office will not support a conviction for cruelty and maltreatment.
3. Although not necessarily physical, cruelty, oppression, or maltreatment must be measured by an objective standard. The imposition of necessary or proper duties and the exaction of their performance do not constitute this offense even though the duties are arduous hazardous or both.
4. However, the accused’s intrusive body searches of female trainees, objectively viewed, reasonably could have caused mental harm or suffering based on testimony that a person subject to an EPW search could feel “violated” and testimony by a victim that she felt humiliated by the search. United States v. Springer, 58 M.J. 164 (C.A.A.F. 2003).

Contact our hard-hitting military defense lawyers today for help finding the best civilian counsel for your Cruelty and Maltreatment Article 93 UCMJ case.