University:
University of Houston
Course:
ENGL 1301 | First Year Writing I
Academic year:

2023
Views:

350

Pages:

2
Author:

vaguearoi4g

a. Text. "Any person subject to this chapter who -*** (3) is derelict in the performance of his duties; shall be punished as a courtmartial may direct." b. Elements. *** (3) Dereliction in the performance of duties. (a) That the accused had certain duties; (b) That the accused knew or reasonably should have known of the duties; and (c) That the accused was (willfully) (through neglect or culpable inefficiency) derelict in the performance of those duties. c. Explanation. *** (3) Dereliction in the performance of duties. (a) Duty. A duty may be imposed by treaty, statute, regulation, lawful order, standard operating procedure, or custom of the service. (b) Knowledge. Actual knowledge of duties may be proved by circumstantial evidence. Actual knowledge need not be shown if the individual reasonably should have known of the duties. This may be demonstrated by regulations, training or operating manuals, customs of the service, academic literature or testimony, testimony of persons who have held similar or superior positions, or similar evidence. (c) Derelict. A person is derelict in the performance of duties when that person willfully or negligently fails to perform that person's duties or when that person performs them in a culpably inefficient manner. "Willfully" means intentionally. It refers to the doing of an act knowingly and purposely, specifically intending the natural and probable consequences of the act. "Negligently" means an act or omission of a person who is under a duty to use due care which exhibits a lack of that degree of care which a reasonably prudent person would have exercised under the same or similar circumstances. "Culpable inefficiency" is inefficiency for which there is no reasonable or just excuse. (d) Ineptitude. A person is not derelict in the performance of duties if the failure to perform those duties is caused by ineptitude rather than by willfulness, negligence, or culpable inefficiency, and may not be charged under this article, or otherwise punished. For example, a recruit who has tried earnestly during rifle training and throughout record firing is not derelict in the performance of duties if the recruit fails to qualify with the weapon. d. Lesser included offense. Article 80 -- attempts e. Maximum punishment. *** (3) Dereliction in the performance of duties. (A) Through neglect or culpable inefficiency. Forfeiture of two-thirds pay per month for 3 months and confinement for 3 months. (B) Willful. Bad-conduct discharge, forfeiture of all pay and allowances, and confinement for 6 months. f. Sample specifications. *** (4) Dereliction in the performance of duties. In that , (personal jurisdiction data), who (knew) (should have known) of his/her duties (at/on board -- location) (subject-matter jurisdiction data, if required), (on or about 20 ) (from about 20 to about 20 ), was derelict in the performance of those duties in that he/she (negligently) (willfully) (by culpable inefficiency) failed , as it was his/her duty to do. 2