EI INCUMBIT PROBATION QUI DICIT. Proof lies on him who asserts, not on him who denies. The concept is that one is innocent until proven guilty. Regardless of what the law says about reasonable doubt, there is an unwritten presumption within the ranks of the military that if you are charged with sexual assault, then you are guilty. The stakes are your life! Your military counsel works for the same military that charged you. Consider that as you choose who represents you in your potentially life altering case.

Article 134 - Violation of Parole

This article covers incidents where a prisoner on parole violates the conditions of his or her parole by any means.

Elements

  • That at a specific time and place, the accused was a prisoner as a result of a court martial conviction or convicted in a criminal proceeding.
  • That the accused was released of confinement and was in parole.
  • That there were certain conditions of parole that the accused was bound to follow.
  • That the accused was fully aware that he or she was on parole and bound by the conditions of the parole agreement.
  • That the accused wrongfully broke the conditions of parole by committing another act or failing to perform an act.
  • That under the circumstances, the conduct of the accused was against good order and discipline and had discredit brought upon the armed forces.

Maximum Punishment

The accused faces a maximum punishment of bad conduct discharge, forfeiture of two-thirds of total pay for six months and six months' confinement.

Points to Note about Article 134

  • It is not necessary to prove the offense for which the accused was paroled. The proof of parole agreement and conviction is usually sufficient. When the evidence is introduced to establish the particular conviction that has given rise to the parole, the evidence must not disclose the offense for which the accused was convicted.
  • For such cases, circumstantial evidence could be applicable. Actual knowledge or the mistake of fact clause can be raised by the evidence.
  • The term "Conduct prejudicial to good order and discipline" is conduct that cause reasonably obvious and direct injury to discipline and good order. "Service discrediting conduct" is conduct that harms the reputation of the service or lowers it in the public esteem.
  • The word "Wrongful" means without any excuse or legal justification.
  • The word "Prisoner" exclusively refers to individuals in confinement from either conviction in a criminal proceeding or conviction at a court martial.
  • Parole is described as a prisoner's word of honor. A parolee or prisoner on parole agrees to adhere to a parole plan or to the conditions of parole. A parole plan is an oral or written agreement made by the prisoner before parole or to desist from conducting certain activities or acts.
  • The term "Conditions of parole" include the plan for parole and other appropriate and reasonable conditions of parole, like the beginning or continuing treatment for drug or alcohol abuse, paying restitution, or paying a fine ordered to be paid as part of a prisoner's sentence in a criminal proceeding or a court martial sentence. In return for giving his or her word of honor not to violate the plan and conditions of parole, the prisoner is given parole.

Article 134 in UCMJ refers to all neglects and disorders to the prejudice of discipline and good order in the US armed forces, any conduct of nature that can or is intended to bring discredit upon the armed forces. It includes offenses and crimes not capital in nature. The neglect and disorder will come into awareness by a general, summary or special court-martial, as per the degree and nature of the offense, and will be punished at the court's discretion.

The Uniform Code of Military Justice (UCMJ) is base of military law. It is a federal law and enacted by the Congress. The punitive articles of the UCMJ are the ones from Article 77 to Article 134. They are concerned with particular offenses, if broken, has the punishment of court martial. The law requires that the Commander-in-Chief or the President of the United States implement the provisions of UCMJ. The President implements this by an executive order known as the Manual for Court Martial (MCM).

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