Author: Maria Rodriguez

Law

Can you be Discharged from the Military for Adultery?

There are many misconceptions regarding the subject of law. Military law can be even more complicated and less understood. One such issue that is not very well understood is adultery in the military. The following text will discuss the punishment for adultery in the military if there is any, and who can help veterans when they are in need of legal counsel.

Can you be Discharged from the Military for Adultery?

Adultery is not listed in the Uniform Code of Military Justice (UCMJ). The UCMJ is a law that is in charge of legal issues and court-martial in the military. The UCMJ contains all of for which military members can be prosecuted.

Even though it is not listed in the UCMJ, there is a way that adultery can be punished in the military.

Article 134

Adultery can be prosecuted in the military under Article 134, also known as the General Article. In layman’s terms, this article states that behavior that will bring discredit upon the army or will promote disorder is prohibited. It can be argued that adultery falls into this category.

MCM

Though the UCMJ does not list adultery as an offense, it does allow for some action against it. The Manual Court Martial (MCM) is an executive order that can be administered by the President of the United States. Though the President the decision enacts, the lower courts make this order.

What Does This All Mean?

There is a precedent for a military court to charge and convict an army member for adultery. However, this does not often happen for a few reasons.

One of the reasons is that it is tough for a military prosecutor to make a solid case when the only charge is adultery. They must first prove that extramarital intercourse occurred. They must also show that through that adultery the military member harmed the military’s ability to do its job (usually through hurting the public’s trust in the military).

In 2002 President Bush enacted a policy that stated that adultery charges should be handled at the lowest level court. Additionally, the commander should consider many various factors when deciding if the adultery was harmful to the military.

It is also important to note that, though military members have been convicted of adultery, they are usually only one of a few charges. In these cases, the military member is being charged with at least one other more serious charges.

If you are a military member who may be facing charges in a military court, you should contact an experienced military attorney. They can provide you with the best defense and give you strategies to help you in court.

These attorneys are also skilled and experienced in getting veterans and military members the benefits that they deserve. Such as total disability individual unemployability for those who cannot work as a result of their military service. An experienced attorney will put you on an even playing field and help you to get what you deserve from the nation that you served.

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Law Legislation

Rights of Our Children – The Future Leaders!

It was around the 19th century that the rights of a child movement began. Before this, children were not really protected as they should have been. However, on the 20th of November 1989, an international treaty was approved by the United Nations.

This treaty is called the Convention on the Rights of the Child. It was put together in acknowledgment that the rights of a child need to be protected. Children’s rights fall into the Constitution of the United States. The constitution regulates all federal and fundamental laws.

In 1989, most countries had signed and sanctioned the treaty except for Somalia, South Sudan and the United States of America. To date, the US has yet to sanction the treaty despite the country playing a heavy role in 1989 drafting the treaty with the UN. The treaty officially came into effect in 1990.

The Rights of our Children

The UN marked the 20th of November as the Universal Children’s Day holiday in remembrance of the adoption of the international treaty in 1989. Below, are the basic rights of a child in the US.

Children’s Rights

A child has the right to life, an identity, and a nationality. A child also has the right to good health and medical care. Included with these rights is the right to live with his or her parents as well as the right to education. However, primary education is free yet mandatory.

Children are protected against torture, ill-treatment, wrongful arrest, and deprivation of independence. This also means they have the right to the freedom of expression and the choice of religion. Children are not allowed into the army if they are under the age of 15.

It is important to note that there are two classifications of laws of minors. There are basic children’s rights and basic youth rights. The latter is only relevant in the case that a child reaches a certain age. There are, however, organizations advocating for inter-generational equity.

Our children are the next generation leaders of our country, so let’s protect them!

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Law Legislation

Understanding Employment Federal and State Laws

As we know, each state in the United States of America is regulated by their own laws barring those of federal laws. All states are required to abide by federal laws of which are implemented and guided by the legislative and executive federal government.

When it comes to the employment laws of South Carolina; some are specific to the state, whereas others are enforced by federal laws. Below, we outline the common employment laws applicable to South Carolina.

Types of Laws

In employment contracts, it is mandatory for employers to stipulate their company policies and leave benefits. Here, we cover Vacation Leave, Sick Leave, Voting Leave, Jury Duty, and Bereavement Leave.

Vacation Leave

In South Carolina, it is not mandatory for employers to provide vacation leave or payment of such leave. If the company does provide vacation leave, the employer is required to stipulate so in their policies and in the employment contract.

Sick Leave

It is not mandatory for employers to provide paid or unpaid sick leave unless specifically stated in company policy or the employee’s contract of employment.

Bereavement Leave

South Carolina does not have a law stating that this type of leave is mandatory unless the employer has decided to allow this for their employees.

Voting Leave

There is also no state law here that requires employers to allocate time off work to vote.

Jury Duty

The same applies to jury duty, however, an employee cannot, by law, be dismissed or demoted because the employee has been requested for jury duty.

In South Carolina, there are no set laws regarding overtime, lunch breaks, or severance pay. However, federal laws of paid and unpaid overtime apply.

State Holidays Recognized by South Carolina

Most public holidays are recognized in the state of South Carolina. However, it is at the discretion of public and private companies to decide if employees have the benefit of taking those days off or not due to the closing of the business on that particular day.

It is advised to be aware of all policies and stipulations of one’s employment contract.

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Law Legislation

Improved Legislation Equals Better Human Rights

The Universal Declaration of Human Rights was made up to promote peace, rule of law, contest crime and corruption, sustain democracies, and alleviate humanitarian issues. The federal courts have jurisdiction over international human rights.

The Bill of Rights in the US has 27 constitutional amendments. The first ten of these amendments forms the Bill of Rights.

Bill of Rights

These rights are as follows:

Freedom of Expression, Religion, and the Press
Right to Bear Arms
Housing of Soldiers
Safeguarding from Unnecessary Search and Seizure
The Right to Life and Independence
The Right to a Speedy Trial by Jury
Rights in Domestic Cases
Freedom of Torture and Exorbitant Fines and Bail
Other Rights kept by the People
Undelegated Powers kept by the State and the People

Of the 27 amendments stipulated in the Bill of Rights, we’ve chosen to outline the most important ones. This includes the year in which they were implemented.

Constitutional Amendments

The First Amendment, which includes the ten amendments, forming the Bill of Rights, was implemented in 1701. The Sixth Amendment is the Right to a Speedy Trial by Jury. It was also implemented in 1791.

The 13th Amendment is the prohibition of slavery in the United States of America which came into effect in 1865. Lastly, the 26th Amendment is the right for anyone over the age of 18 has the Right to Vote. This was implemented in 1971.

Violation of any state or federal laws, specifically child labor laws, can result in either criminal or civil penalties. This includes imprisonment.

Over the years, Congress has addressed the issues surrounding unfair rights or the lack of certain rights. One of these was a woman’s right to vote which was only implemented in 1920. Yes, it was sanctioned many years ago but it’s important to realize that gender equality is now recognized.

As we can see, the federal government has heard the nation’s cry for fairness and equality. It is now up to all American citizens to know their constitutional rights and the laws pertaining to non-compliance of these.

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