UCMJ Article 93 – Cruelty and Maltreatment

UCMJ Article 93 criminalizes cruelty, oppression, or maltreatment of any person subject to a service member’s orders. This provision is not limited to physical abuse. It covers acts of abuse of authority, whether through physical harm, threats, humiliation, harassment, or other degrading treatment. The purpose is to protect subordinates from abusive leadership and to maintain good order, morale, and discipline within the armed forces.

Article 93 applies regardless of whether the victim is enlisted, a cadet, a midshipman, or another person required to obey the accused. By criminalizing cruelty and maltreatment, the article enforces professional standards of leadership and prevents the misuse of authority for personal gratification or abusive purposes.

Key Elements

To prove an offense under Article 93, the prosecution must establish:

  1. That the victim was subject to the orders of the accused.
  2. That the accused was cruel toward, oppressed, or maltreated the victim.
  3. That the conduct was unwarranted and unjustified by military necessity.

“Cruelty” means deliberate infliction of suffering. “Oppression” means misuse of authority in an unjust or harsh way. “Maltreatment” includes abusive treatment, harassment, or conduct that causes unnecessary suffering or humiliation.

Scope and Application

Article 93 covers a wide range of abusive conduct. This can include hazing, sexual harassment, humiliation in front of others, unnecessary punishment, or physical abuse. It is not limited to acts of violence; verbal abuse or intimidation can also constitute maltreatment if it crosses into cruelty or oppression.

The article applies to officers, NCOs, or any service member exercising authority over another. It is often used in cases of hazing, harassment, or abusive command climate.

Punishment

The maximum punishment under Article 93 is dishonorable discharge, forfeiture of all pay and allowances, and confinement for up to 3 years. The severity reflects the military’s view that abuse of authority fundamentally undermines discipline and trust.

Defenses

Common defenses include:

  • Lawful discipline: Conduct that is part of legitimate corrective training or discipline, even if unpleasant, is not cruelty.
  • Lack of authority: If the victim was not subject to the orders of the accused, Article 93 does not apply.
  • No maltreatment: Tough leadership or strict orders that are consistent with military necessity may not rise to maltreatment.

Courts distinguish between lawful, demanding leadership and conduct that crosses into abuse.

Examples

If a drill instructor humiliates recruits through degrading and unnecessary treatment, Article 93 may apply. If a superior physically abuses or sexually harasses a subordinate, it clearly constitutes maltreatment. However, ordering extra training as a lawful corrective measure, if reasonably related to discipline, is not a violation.

Conclusion

UCMJ Article 93 protects subordinates from abusive treatment by superiors. By criminalizing cruelty, oppression, and maltreatment, it ensures that authority is exercised responsibly and that discipline is maintained through respect rather than abuse. Leaders are expected to set the standard for professionalism, not to exploit their position to harm those under their command.

Frequently Asked Questions

1. Who can be a victim under Article 93?
Any person subject to the orders of the accused. This includes enlisted members, cadets, midshipmen, or other subordinates. Authority over the victim is required.

2. Does Article 93 only apply to physical abuse?
No. It also covers verbal harassment, humiliation, intimidation, or sexual harassment. Maltreatment includes a wide range of abusive conduct, not just violence.

3. What is the maximum punishment for cruelty and maltreatment?
Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 3 years. This reflects the seriousness of abusing authority.

4. Can strict training be considered maltreatment?
Not if it is lawful corrective training reasonably related to duty. Courts distinguish between tough discipline and abuse. Training becomes maltreatment only if it is cruel, oppressive, or unrelated to legitimate objectives.

5. Does sexual harassment fall under Article 93?
Yes. Sexual harassment or coercion by someone in a position of authority is considered maltreatment and punishable under Article 93.

6. Can peers be guilty under Article 93?
Only if the accused had authority over the victim. The offense requires that the victim was subject to the accused’s orders. Peer-to-peer misconduct may fall under other UCMJ provisions.

7. How does the military prove maltreatment?
Through testimony, documentation, and evidence of abusive behavior. The government must show that the conduct went beyond lawful discipline and caused harm or humiliation.

8. Is intent required for conviction?
Yes, the accused must have knowingly engaged in conduct that was cruel, oppressive, or abusive. Accidental actions or unintended consequences may not qualify.

9. Why is Article 93 important?
Because military leaders must exercise authority responsibly. Abuse destroys trust, damages morale, and undermines discipline. This article enforces accountability for leaders who exploit their power.

10. What should a service member do if they are a victim of maltreatment?
They should report the conduct through their chain of command, inspector general, or military justice channels. Victims are protected under the UCMJ, and maltreatment is taken seriously.

Sources

  • Uniform Code of Military Justice, 10 U.S.C. § 893, Article 93
  • Manual for Courts-Martial, United States (2024 edition)
  • Army Regulation 27-10, Military Justice
  • Navy JAGMAN (Judge Advocate General’s Manual) § 0120
  • Air Force Instruction 51-201, Administration of Military Justice
  • Court of Appeals for the Armed Forces, United States v. Carson, 57 M.J. 410 (2002)
  • 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 93 or any other UCMJ provision, you should consult a qualified military attorney.

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