Adultery and Punitive Elements of the UCMJ

Adultery and Punitive Elements of the UCMJAdultery and Punitive Elements of the UCMJAdultery is a rather difficult and ugly process to prove in a military court of law. In most states civilian court, this act is not illegal, but in some states it is a Class B Misdemeanor. Within the military it is also against the Uniform Code of Military Justice and can be punishable by fines and jail time if processed and proven. The Big Question? If you are legally separated and begin dating while in the military, can you get in trouble for adultery? This is a common question for people in uniform because the legal process of divorcing can take months or even years, and the answer is complicated. Given the ambiguity of the terms laid out by the Uniform Code of Military Justice (UCMJ), there is always be the kompetenzprofil for criminal liability and the only 100 percent safe course of action is to wait until a court has granted you a divorce before undertaking a sexual relationship. In most c ases within the military, this rule is typically enforced when adultery is within the chain of command and other charges like fraternization can be added when married members of the military (officer or enlisted) cheat on their spouses with each other while serving together. The militarys prohibition on adultery is stated in Article 134 of the Uniform Code of Military Justice which makes adultery a crime when legal criteria, known as elements, have all been met. There are three specific elements Adultery and Article 134 of the UCMJ Elements (1) That the accused wrongfully had sexual intercourse with a certain person (2) That, at the time, the accused or the other person was married to someone else and (3) That, under the circumstances, the conduct of the accused was to the prejudice of good order and discipline in the armed forces or was of a nature to bring discredit upon the armed forces. The first two elements are self-explanatory the third is more complex. The explanation pa rte of Article 134 identifies several factors military commanders should consider, including whether the soldier or his or her sexual partner were legally separated. A legal separation involves a signed a formal separation agreement with a spouse or a court-ordered of separation issued by the state. While being legally separated weighs into whether a sexual relationship violates Article 134, it is not the only consideration. Article 134 explanations identifies other factors for commanders including The rank and position of the parties involvedThe impact on the military unitThe potential misuse of government time or resources to facilitate the prohibited conductWhether the adulterous act was accompanied by other UCMJ violations Adultery and Article 134 of the UCMJ Explanation (1) Nature of offense. Adultery is clearly unacceptable conduct, and it reflects adversely on the tafelgeschirr record of the military member. (2) Conduct prejudicial to good order and discipline or of a nat ure to bring discredit upon the armed forces. To constitute an offense under the UCMJ, the adulterous conduct must either be directly prejudicial to good order and discipline or service discrediting. Adulterous conduct that is directly prejudicial includes conduct that has an obvious, and measurably divisive effect on unit or organization discipline, morale, or cohesion, or is clearly detrimental to the authority or stature of or respect toward a servicemember. Adultery may also be service discrediting, even though the conduct is only indirectly or remotely prejudicial to good order and discipline. Discredit means to injure the reputation of the armed forces and includes adulterous conduct that has a tendency, because of its open or notorious nature, to bring the service into disrepute, make it subject to public ridicule, or lower it in public esteem. While adulterous conduct that is private and discreet in nature may not be service discrediting by this standard, under the circumst ances, it may be determined to be conduct prejudicial to good order and discipline. Commanders should consider all relevant circumstances, including but not limited to the following factors, when determining whether adulterous acts are prejudicial to good order and discipline or are of a nature to bring discredit upon the armed forces (a) The accuseds marital status, military rank, grade, or position (b) The co-actors marital status, military rank, grade, and position, or relationship to the armed forces (c) The military status of the accuseds spouse or the spouse of co-actor, or their relationship to the armed forces (d) The impact, if any, of the adulterous relationship on the ability of the accused, the co-actor, or the spouse of either to perform their duties in hilfestellung of the armed forces (e) The misuse, if any, of government time and resources to facilitate the commission of the conduct (f) Whether the conduct persisted despite counseling or orders to desist the flagran cy of the conduct, such as whether any notoriety ensued and whether the adulterous act was accompanied by other violations of the UCMJ (g) The negative impact of the conduct on the units or organizations of the accused, the co-actor or the spouse of either of them, such as a detrimental effect on unit or organization morale, teamwork, and efficiency (h) Whether the accused or co-actor was legally separated and (i) Whether the adulterous misconduct involves an ongoing or recent relationship or is remote in time. (3) Marriage A marriage exists until it is dissolved in accordance with the laws of a competent state or foreign jurisdiction. (4) Mistake of fact A defense of mistake of fact exists if the accused had an honest and reasonable belief either that the accused and the co-actor were both unmarried, or that they were lawfully married to each other. If this defense is raised by the evidence, then the burden of proof is upon the United States to establish that the accuseds belief w as unreasonable or not honest..

8 Career Lessons I Learned From a Toddler Roommate -The Muse

8 Career Lessons I Learned From a Toddler Roommate -The Muse8 Career Lessons I Learned From a Toddler RoommateTo start, Im not a parent. I opted in to a commune-style Brooklyn home I found on Craigslist, and I live with a young couple and their two-year-old, Ilya.Ive now been living there for one year and I can confidently say its one of the best decisions Ive ever made. Because in my time living with a kid, Ive come to a few realizations about my own life and career. 1. Dont Hold a GrudgeOne time, a happy Ilya purposely walked into my room, stepped into my shoes, and began to cutely plod around the apartment. Since these were my nice shoes, I grabbed them back and tossed them into my room for safety. His immediate response- as expected- was a roaring scream that echoed through the house as I left for work. However, I returned a few hours later to find a surprisingly calmer Ilya and received a loving greeting of, Dannnn. Id expected some form of a cold shoulder, yet not even a hint o f it lingered- he was as happy to see me as ever.Why let a past grievance stick with you? It may feel good in the short time to nurse some hurt, but in the long run, its an energy suck. 2. Ask for What You WantIt may feel weird to put yourself first- it does for me. This isnt the case for Ilya. If he wants my carrots and hummus, hell let me know. If he wants me or my adult roommates to read him a book, hell tell us. He wants us to dance around to The Beach Boys? Done.Even though my wants may be a tad mora complex than Ilyas, its imperative I ask for them boldly. Without asking, its simply silly to expect them to happen on their own. After all, The Giving Tree isnt going to read itself.3. Dont Be Afraid to NegotiateToddlers like to be thrown in the air. Ill do it for Ilya for a bit, and then get tired and stop- but hell immediately want more. The conversation usually looks something like thisHim More. Me No, Im tired.Him More.Me Okay, one more.Him Five more.Me No, just one more.Him F ive more.Me Okay, just five.Stick to your guns. If youll only settle for five of something, ask for that- and walk away if its not going to happen. I plan to immediately apply this to my sales conversations (but Ill hold off on the tantrum if it doesnt work out).4. Be AdaptableCommune life is not for the faint-hearted. With people coming and going, the doors are always open (or unlocked), and all are welcome. But Ilya adjusted to this lifestyle seamlessly. New people in the apartment arent shocking to him, but instead possibly offer some new form of entertainment. At work, youre not just constantly dealing with new people, but also new problems, scenarios, and questions that pop up. Learning to be more flexible has kept me lighter on my feet and more capable to pivot from one problem to the next. Ive become more receptive to change, which is essential when ambiguity is the one constant at the kind of startup company I work at.5. Be Kind to YourselfWhat I soon learned after spending time with Ilya is that babies dont need a reason to cry- they just do. Feeling lousy is okay. Positive self-talk is all well and good, until it leads to a feeling of inadequacy when you feel down. This then leads to internal judgements- and now youve just become upset over being upset Ive become better at accepting my feelings without judging them. I embrace my crappy days along with my good days, and thats fine by me.6. Appreciate Your FamilyIm blessed to have both of my parents still alive and healthy. As a toddler, Im sure Ilya doesnt think about that. What he does think about is, Wheres Mom? every time she walks away or closes a door.I no longer behave in the same way, but I do recognize that the time we have with the ones we love is limited, so the moments we do spend with family should be cherished. Not quite a career tip, but essential for long-term happiness- inside and outside of work.7. Say NoIf youre offered something that doesnt benefit you, be direct and say no. After a ll, time and energy are fleeting. Ilya says no like a pro. Want to put on this jacket? No. Want to go to sleep? No. Say goodbye No. He likes to remain in control. Ive used this to minimize the chance that someones requests will control my day. Instead, I own it.8. frage DownTo reuse a well-worn metaphor, when a child is learning to walk and falls 50 times, they never think to themselves, Maybe this isnt for me. Living with a baby reminds me that screwing up is not just essential for growth, it can also be fun. As I close in on my third decade of life, being a complete novice at something is stimulating. If its been too long since Ive made a mistake, I begin to worry my growth has stagnated. Taking an attitude like Ilyas to the workplace means when a poor call or embarrassing mistake is made (which it will be), the best way to respond is to recognize it and try, try again.Were surrounded by opportunities to observe, learn, and grow day in and day out- whether its from our roommate, t he cheery cashier at the supermarket, or even the screaming baby on the overcrowded train. All you have to do is open your eyes to them.(But, if its the screaming baby youve chosen to learn from, I can tell you from experience it may be best to do your studying from the opposite side of the train car.)

The 5 biggest mistakes people make when looking for a new job

The 5 biggest mistakes people make when looking for a new jobThe 5 biggest mistakes people make when looking for a new jobThey apply for jobs online with mass production speed, using the same resumeSlow down. Recruiters and talent acquisition professionals get an overwhelming number of applicants for each open position and must eliminate most of them. Your resume only stands out from the slush pile as a keeper when the hiring manager can 1) tell that you understand the mission and goals of their organization, 2) have aligned your past experience with the role at hand, 3) have positioned at least one distinct It-Factor that intrigues them.Fashion your resume with the detail of a fine tailor. Reference organizational qualities youve learned from the website. Site news on the company or industry that youve researched online. Position internal contacts youve developed on LinkedIn and elsewhere as advocates to give you insight into the culture and to open a door for you.They limit their s earch to the same industry and same size companyIts human nature to stay with what is comfortable. But often people underrate their viability to switch professions because they dont realize their transferable talents. Identify your transferable skills and the industries where they bring value. (Here is a free training course on transferable skills.) Then start conversations with people who work in those industries to broaden your familiarity with the company, industry language and culture.They do bedrngnis prepare for the interviewI have had clients interview for roles where the final candidate had already been identified yet they secured the job because they wowed the team on the interview. And I have seen people who have clearly been qualified for a role fail to win the job because of their inept interview skills. Make sure you have good questions to ask. Be able to tell a story about what youve learned through the trials and triumphs of your career. Show dont tell.I am really goo d at building relationships is subjective. When I started in my career I thought everyone worked the way I do and that management would be easy. I thought I could just define the vision and get out of their way. That wasnt enough. I began to realize the diversity of generations, cultures and personality traits on my team and that I needed to see each member as an individual.I learned the value of meeting with them regularly and tying what we are doing to their personal goals. That is why my attrition is only 6% and we exceeded goals last year by 11%. Thats objective. Thats a story.They dont have a 30-60-90-day plan for the roleWhen you look for a new job your first challenge is notlage impressing them with how great you are. They wont believe you anyway. It is first convincing them that you are resourceful enough to figure out what you need to do to be successful. Too often candidates like to boast of their accomplishments without context of what else contributed to their success.Hi ring managers want to know that in an imperfect environment you can succeed. Show them that you understand some of the challenges of the company or industry, that you will interview key people in the first 30 days, what you project as short-term wins, and what long-term strategy is required to meet your vision. Create a professional plan on paper for the interview.They havent built their tribeYour tribe is your support network. It is the people in your sphere of influence who advocate and prop you up when you need it and catch you when you fall. Tribes are how we as humans escaped extinction over time. They keep us safe and help us to thrive. We are stronger together than alone. This means that you must also prop others up and catch them as well.Servant leadership underpins a vibrant tribe. Every CEO role I ever secured was due in part to the influence of my tribe. I won the roles based on my own ability. But I got in the door because of my tribe. Build your tribe at networking even ts, by deep listening in conversations, participating in discussions on LinkedIn, caring about people, and meeting with key people who you admire.Ask yourself, How can I serve this person? The payoff is downthe road.Good peoplewill want to serve you in return.