CORE CRIMINAL LAW SUBJECTS: Crimes: Article 89 - Disrespect Toward a Superior Commissioned Officer


Toward a superior commissioned officer:

United States v. Najera, 52 MJ 247 (Article 89, UCMJ, makes no distinction between disrespect in language or deportment, and all the circumstances of a case can be considered in determining whether disrespectful behavior in violation of Article 89 has occurred; prosecution may show that language was disrespectful under all the circumstances, including demeanor and deportment).

(the context and manner in which words were spoken may be considered by a reviewing court even though the appellant was charged only with being disrespectful in language, and not in language and deportment).

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