MILITARY JUSTICE PERSONNEL: Prosecution Function: Discretion


United States v. Falk, 50 MJ 385 (conduct which may be to the prejudice of good order and discipline in the armed forces or service discrediting may also be a crime under Title 18 of the United States Code; therefore, an accuser in preferring charges, or trial counsel in prosecuting, may opt to rely on the generally applicable federal penal statute rather than to proceed under the first two clauses of Article 134).

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