Proving Dereliction
In order to prosecute a service member under Article 92, the government must prove beyond a reasonable doubt that the service member knew (or should have reasonably known) his duties and that he was either, through neglect or culpable inefficiency (i.e., being inefficient without just cause), derelict in the performance of those duties.
A duty is imposed in any one of the following ways:
- via a treaty,
- statute,
- regulation,
- lawful order,
- standard operating procedure, or
- custom of the service
That the service member possessed actual knowledge of his duties may be proved via:
- regulations,
- training / operating manuals,
- academic literature,
- testimony of service members who held similar positions,
- customs of the service
Read more about this topic: Dereliction Of Duty
Famous quotes containing the word proving:
“The momentary charge at Balaklava, in obedience to a blundering command, proving what a perfect machine the soldier is, has, properly enough, been celebrated by a poet laureate; but the steady, and for the most part successful, charge of this man, for some years, against the legions of Slavery, in obedience to an infinitely higher command, is as much more memorable than that as an intelligent and conscientious man is superior to a machine. Do you think that that will go unsung?”
—Henry David Thoreau (1817–1862)