UCMJ Article 134 – Drunk Prisoner

This enumerated offense under Article 134 punishes a military prisoner who becomes drunk while in confinement or custody. Discipline within correctional facilities is critical to order and security, and intoxication by prisoners threatens that discipline. Alcohol (or other intoxicants) impairs judgment, increases the risk of violence or escape, and undermines the authority of correctional personnel.

Key Elements

The prosecution must prove:

  1. That the accused was a prisoner under lawful military custody or confinement.
  2. That while a prisoner, the accused became drunk or intoxicated.
  3. That the intoxication was wrongful.
  4. That, under the circumstances, the conduct was prejudicial to good order and discipline or was of a nature to bring discredit upon the armed forces.

Scope and Application

This offense applies to:

  • Prisoners smuggling alcohol into confinement facilities.
  • Inmates consuming intoxicating substances provided by others.
  • Any prisoner who becomes intoxicated while under military custody, whether in a brig, correctional custody unit, or while transported under guard.

It does not apply if intoxication results from lawful medical treatment under proper authority.

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:

  • Not a prisoner: If the accused was not under lawful military custody at the time.
  • No intoxication: If the prosecution cannot prove impairment.
  • Lawful authority: If alcohol or intoxicants were provided for legitimate medical reasons.
  • Lack of knowledge: If the accused unknowingly consumed an intoxicant.

Examples

If a soldier confined to a brig obtains alcohol and becomes drunk, Article 134 applies. If a Marine in correctional custody smuggles beer into the facility and consumes it, it qualifies. If an airman under transport to confinement shows up intoxicated after secretly drinking, it is punishable. Conversely, if a sailor is given alcohol by a doctor as part of treatment, it is not wrongful.

Conclusion

Article 134 drunk prisoner charges preserve order and discipline in military confinement systems. By punishing intoxication among prisoners, the UCMJ reinforces security, prevents misconduct, and protects the credibility of the armed forces’ correctional facilities.

Frequently Asked Questions

1. Why is being drunk as a prisoner a separate offense?
Because intoxicated prisoners create major risks to safety, discipline, and security. The rule ensures accountability and prevents disruption of correctional facilities.

2. What is the maximum punishment?
Confinement for 3 months, forfeiture of two-thirds pay for 3 months, and reduction to the lowest enlisted grade. While relatively light, it reinforces zero tolerance for intoxication in custody.

3. Can this offense overlap with others?
Yes. A prisoner who becomes drunk and assaults another may face both drunk prisoner and assault charges. Misconduct in custody can generate multiple offenses.

4. What if the prisoner didn’t know they consumed alcohol?
If intoxication was unknowing, such as being tricked or misled, liability may not attach. The prosecution must prove wrongful intoxication.

5. Does this apply outside formal brigs?
Yes. Any lawful custody qualifies, including correctional custody units, field confinement, or transport under guard. The status as a prisoner is the key factor.

6. What if alcohol was part of medical treatment?
Lawful medicinal use is not wrongful. For example, alcohol-based medication prescribed by medical staff does not violate this article.

7. How is intoxication proven?
Through evidence of behavior, testimony of guards, medical or breath tests, or possession of alcohol. Proof must show the prisoner was impaired.

8. Can prisoners be punished administratively instead of court-martial?
Yes. Minor cases may be handled administratively, but court-martial is available when discipline or security is severely affected.

9. How does this offense support military justice?
It preserves order and control in custody environments, ensuring prisoners do not undermine authority or security through intoxication.

10. Why is alcohol use in custody seen as so dangerous?
Because it increases escape risk, fosters violence, and erodes discipline. Strict prohibition ensures correctional facilities remain safe and orderly.

Sources

  • Uniform Code of Military Justice, 10 U.S.C. § 934, Article 134 (Drunk Prisoner)
  • 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 Military Appeals, United States v. Adams, 15 C.M.R. 215 (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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