UCMJ Article 134 – Correctional Custody: Offenses Against

This enumerated offense under Article 134 punishes service members who unlawfully interfere with or commit misconduct against correctional custody. Correctional custody is a form of non-judicial punishment or administrative restraint where a service member is restricted, supervised, and required to perform duties under specific conditions. Any act that disrupts this system — whether by the individual in custody or by others — undermines military authority, discipline, and accountability.

Key Elements

The prosecution must prove:

  1. That the accused was in correctional custody or dealing with someone in such custody.
  2. That the accused committed a wrongful act, such as resisting, escaping, assaulting guards, or disobeying rules of custody.
  3. That the act was prejudicial to good order and discipline or was of a nature to bring discredit upon the armed forces.

Scope and Application

This offense covers:

  • Attempting to escape from correctional custody.
  • Refusing to comply with lawful orders while under custody.
  • Assaulting or threatening correctional custody supervisors.
  • Assisting another service member to escape from correctional custody.
  • Disrupting the correctional custody environment through violence or disobedience.

It applies to both the person in custody and anyone who interferes with the lawful operation of custody duties.

Punishment

  • Maximum punishment: Confinement for 3 months, forfeiture of two-thirds pay for 3 months, and reduction to the lowest enlisted grade.

Defenses

Possible defenses include:

  • Unlawful custody: If the correctional custody was not imposed by proper authority.
  • Duress or necessity: If the accused acted to prevent greater harm.
  • Accident: If the misconduct was unintentional or unavoidable.
  • Insufficient proof: If the government cannot prove the accused was under lawful correctional custody or committed the alleged act.

Examples

If a soldier under correctional custody refuses to perform assigned duties, Article 134 applies. If a Marine assaults a guard while serving correctional custody, it qualifies. If an airman tries to help a fellow service member escape correctional custody, it is punishable. Conversely, if custody was imposed by someone without lawful authority, misconduct during that time may not be punishable under this article.

Conclusion

Article 134 correctional custody offenses emphasize that all forms of restraint and supervision must be respected. By punishing misconduct related to correctional custody, the UCMJ preserves discipline, authority, and the credibility of the military justice system.

Frequently Asked Questions

1. What is correctional custody in the military?
Correctional custody is a form of non-judicial punishment (often under Article 15) that restricts a service member’s liberty, requires strict supervision, and often includes assigned duties. It is less severe than confinement but still a formal punishment.

2. How is this different from confinement?
Confinement usually occurs in a brig or correctional facility after a court-martial conviction. Correctional custody is imposed as a non-judicial measure and typically occurs within the unit or local custody facilities.

3. What acts are punishable under this offense?
Acts like resisting guards, disobeying custody rules, attempting escape, or helping others escape. Any misconduct that undermines the purpose of correctional custody qualifies.

4. What is the maximum punishment?
Confinement for 3 months, forfeiture of two-thirds pay for 3 months, and reduction to the lowest enlisted grade. The punishment reflects the offense’s seriousness but is less severe than full escape from confinement.

5. Can someone outside custody be guilty of this offense?
Yes. Anyone who assists, encourages, or interferes with correctional custody operations can be prosecuted. The law covers both the inmate and others who obstruct justice.

6. What if the custody was not lawful?
If correctional custody was imposed without authority or in violation of regulations, the accused may not be guilty. Lawful imposition is an essential element.

7. Can correctional custody offenses overlap with assault charges?
Yes. Assaulting a guard while in custody may result in charges for both assault and correctional custody offenses. Multiple charges can arise from the same act.

8. Does intent matter?
Yes. The misconduct must be wrongful and intentional. Accidental violations or misunderstandings may not qualify.

9. Can correctional custody offenses be resolved administratively?
Yes. Minor violations are often handled at the command level without court-martial. More serious acts, like escape or assault, may lead to prosecution.

10. Why does the military punish correctional custody offenses separately?
Because maintaining respect for custody rules ensures that non-judicial punishment remains an effective tool. If service members could disregard correctional custody without consequence, discipline would erode. Strict enforcement reinforces authority.

Sources

  • Uniform Code of Military Justice, 10 U.S.C. § 934, Article 134 (Correctional Custody Offenses)
  • Manual for Courts-Martial, United States (2024 edition)
  • Army Regulation 27-10, Military Justice
  • Navy JAGMAN (Judge Advocate General’s Manual) § 0166
  • Air Force Instruction 51-201, Administration of Military Justice
  • Court of Appeals for the Armed Forces, United States v. Jackson, 17 C.M.R. 33 (1954)
  • Military Attorney Joseph L. Jordan, Articles of the UCMJ web page

This content is for informational purposes only. If you are facing issues related to Article 134 or any other UCMJ provision, you should consult a qualified military attorney.

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