UCMJ Article 134 Offense: Gambling with Subordinate - Explained

1. UCMJ: Gambling with Subordinate Learn about Article 134 under the UCMJ that prohibits gambling with subordinates in this presentation.

2. Overview of the UCMJ Legal System Scope Principles The UCMJ defines the military justice system that governs all military personnel. The UCMJ applies to all branches of the US military worldwide whether on active duty or not. The UCMJ established guidelines and principles for military discipline and comportment.

3. What is Article 134? Definition Scope Punishments Article 134 is a general article that outlines offenses which are not explicitly mentioned but are prejudicial to good order and discipline in the military. It is the most widely prosecuted article in the UCMJ and includes offenses ranging from cruelty and maltreatment to disloyal acts. The punishments for violating Article 134 depend on the severity of the offense and can include dishonorable discharge, reduction in rank, confinement and fines.

4. What is Gambling with Subordinate? 1 Definition Gambling with Subordinate is a violation of Article 134. It refers to any gambling activity between a military superior and a subordinate. 2 Examples Some examples of ucmj gambling with Subordinate include poker games between a superior and subordinate, sports betting, and other forms of gambling. 3 Intent It does not matter if the subordinate was willing to participate or suggest the idea. The mere existence of the superior-subordinate relationship is enough to the charge.

5. Consequences of Violating Article 134 Punishments Impact on Career Military Courts The possible punishments for violating the UCMJ range from minor administrative actions to severe criminal consequences, including imprisonment and dishonorable discharge. A conviction under Article 134 can severely affect a service member's military career, reputation, and future employment prospects. A military court or a court-martial will hear the case against the service member. The court's decision can have a significant impact on their future.

6. How to Defend Against a Gambling with Subordinate Charge 1 2 Lack of Intent Bona Fide Social Relationship If the relationship in question was between consenting adults and not exploitative, the defendant can argue that the activity was not coerced or inappropriate. In certain isolated situations, serving drinks and snacks at a poker game with coworkers where betting was a secondary activity may be considered a bona fide social relationship and not a violation of Article 134. 3 Due Process The service member can argue that their rights to due process were violated, or that their rights against self-incrimination were violated.

7. Examples of Gambling with Subordinate Cases 1 U.S. v. Schell Master Sergeant Schell was charged with several UCMJ violations, including gambling with subordinates, at Darmstadt, Germany, from January 1996 through June 1997. 2 U.S. v. West Specialist West was asked by his superior officer to take part in illegal gambling in Korea. The tables were turned and the specialist was convicted while the officer got off free. 3 U.S. v. Thomason Thomason was a Master Sergeant who was accused of promoting illegal gambling within his unit and requesting that subordinates purchase tickets for his raffles.

8. Conclusion and Takeaways Fairness Consequences Comportment The UCMJ is designed to promote order and discipline in the military while ensuring fairness and justice for all personnel. Service members must be aware of the consequences of violating the UCMJ and the significant impact it can have on their future. Military personnel are held to a higher standard of conduct and comportment than civilians, and must always work to uphold these values.