What could an enlisted soldier do if he is the victim of an unprovoked physical attack by the commander in chief, or any other senior officer?
I realize in practice, whatever the letter of UCMJ says, they are probably going to shut-up and take it (doing anything otherwise would, at best, be a very career limiting move). But in theory is an enlisted man allowed to defend himself against an an completely unprovoked attack by an officer? Do any of the rights to self defense that would apply to a regular citizen apply to a soldier and his superior?
In the Canadian Forces, an officer has no right to deliver a corporal punishment to a subordinate (there’s an exception that is to used only in the most dire of circumstances). Punishments that can handed down at a summary trial and court martial is spelled out and definitely excludes corporal punishment. An officer certainly doesn’t have a right to outright attack a soldier for no reason at all. All soldiers have an absolute right to self defence. I suspect there’s something similar in the different US forces.
From QR&O Chapter II Article 103.17 “Striking a Superior Officer”
“(H) If violence is used in self-defence and it is shown that it was necessary, or at the moment the accused had reason to believe that it was necessary for his actual protection from injury and that he used no more violence than was reasonably necessary for that purpose he is legally justified in using it, and commits no offence.”
Unprovoked physical attack is another way of saying assault, or causing bodily injury etc. It’s unlawful inside and outside the military. If offbase, the police would handle it. Capt. Smith attacked Pvt. Snuffy, and the Cap’n goes to court or whatever. His superiors get wind of it one way or another, and most likely is in deep shit. The .mil does not provide “time off” to go to jail, for example. It could in theory end an officers career in many instances, and it wouldn’t do Snuffy any good either.
My understanding is that in the British Army at least, an officer striking someone of lower rank is about the worst thing they could do short of treason.
Their career will be ended ‘without mercy, and without hesitation’ as George McDonald Fraser put it.
I don’t see why Private Snuffy should suffer in the above scenario, but perhaps I am being naive…
Yeah I realize in a modern militaries beating the lower ranks is frowned upon somewhat, and would not go unpunished (as Patton discovered).
But that doesn’t help Private Snuffy while the general/president/admiral is whaling on him. Is he required, by the UCMJ to sit their on take it or is he allowed to punch back without being had up on charges for striking an officer?
I am sorry but the question makes no sense. If two people get into a fight then any consequences will depend on the circumstances and especially on witnesses.
If an officer gets into a fight with an enlisted soldier, his career is likely to be in serious jeopardy. Officers are expected to have enough nous to avoid such situations. If an enlisted person made an unprovoked attack on an officer, then of course the officer could defend themself. Any such defence should be the minimum required to defuse the situation. For an enlisted soldier to strike an officer is pretty much a hanging offence.
No, in Article 90, if the superior officers attacks a subordinate soldier unprovoked they lose the protection offered by Article 90.
From the “Manual for Courts-Martial”:
“For example, if the victim (the superior officer) initiated an unlawful attack on the accused (the subordinate), this would deprive the victim of the protection of this article, and, in addition, could excuse any lesser included offense of assault as done in self-defense, depending on the circumstances”
If an enlisted soldier is the victim of an unprovoked physical attack by an officer, he has every right to defend himself. And then he could press charges under the UCMJ.
It’s been a long time since Officer Candidate School but on the topic, I seem to recall it was phrased the officer has abandoned his rank.
And that it will affect adversely the officer’s next report of fitness :smack: