CORE CRIMINAL LAW SUBJECTS: Crime: Article 134 Restriction, Breaking

2014 (September Term)

United States v. Phillips, 74 M.J. 20 (breaking restriction is a minor offense endorsed by the President which carries a maximum sentence of confinement for one month and forfeiture of two-thirds pay per month for one month). 

(the distinction between an Article 90 disobedience of an order offense and an Article 134 breaking restriction offense does not require a Hartman (69 MJ 467 (CAAF 2011)) discussion at the plea inquiry where a military judge must explain to an accused during the guilty plea inquiry the difference between conduct that was constitutionally protected and conduct that could be legitimately punished).    


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