Legal Question in Military Law in Nevada

court martial / racial slurs

does being accused of making racial slurs warrant a court martial.


Asked on 12/09/06, 3:22 pm

1 Answer from Attorneys

Neal Puckett The Law Firm of Puckett and Faraj, PC

Re: court martial / racial slurs

Absolutely not, if that's the only accusation. But remember that any offense under the UCMJ CAN be tried by court-martial. It's up to the convening authority (officer exercising summary court-martial jurisdiction) to decide how to deal with an allegation of misconduct. So if the question is, "SHOULD the convening authority refer an allegation of a racial slur to a court-martial," the answer is NO. If the question is, "MAY the convening authority refer it to court-martial," the answer is YES.

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Answered on 12/09/06, 3:40 pm


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