1 (the offense of dereliction in the performance of one’s duties requires that the following elements be proven: (a) that the accused had certain duties (b) that the accused knew or reasonably should have known of the duties and (c) that the accused was willfully or through neglect or culpable inefficiency derelict in the performance of those duties the duty may be imposed by treaty, statute, regulation, lawful order, standard operating procedure, or custom of the service a lawful military order must: (1) have a valid military purpose, and (2) be clear, specific, and narrowly drawn to have a valid military purpose, an order must relate to military duty, which includes all activities reasonably necessary to accomplish a military mission, or safeguard or promote the morale, discipline, and usefulness of members of a command and directly connected with the maintenance of good order in the service). (military law maintains obedience and discipline to ensure that servicemembers are ready to perform their mission a negligent dereliction of duty offense provides commanders with one means to assure that the objectives of the military mission are achieved by holding servicemembers accountable for performance of their military duties whether by court-martial or nonjudicial punishment under Article 15, UCMJ). (dereliction of duty is a uniquely military offense specifically intended by Congress to ensure the proper performance of duty within the military service servicemembers’ military duties relate to activities which are reasonably necessary to safeguard and protect the morale, discipline, and usefulness of the members of a command and are directly connected with the maintenance of good order in the services thus, the dereliction of duty offense promotes good order and discipline in the military in light of the military nature of the offense and its limited authorized punishment, a negligence mens rea standard is appropriate for certain dereliction offenses). 239 (under the UCMJ, a servicemember who is derelict in the performance of his duties shall be punished as a court-martial may direct although the statute does not explicitly identify a mens rea for this offense, negligence is an authorized level of mens rea for an Article 92(3), UCMJ, dereliction of duty offense). 105 (consent is not a defense to hazing charged as a violation of a general order). CORE CRIMINAL LAW SUBJECTS: Crimes: Article 92 - Failure toObey Order or RegulationĬORE CRIMINAL LAW SUBJECTS : Crimes: Article 92 - Failure to Obey Order
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