U.S. v. Carson, 57 M.J. 410

Core Criminal Law Subjects: Crimes: Article 93 - Cruelty and Maltreatment Pre-2019 offenses

1. although the words used by Congress to describe the proscribed conduct -- "cruelty," "oppression," and "maltreatment" -- depict situations that frequently involve physical or mental suffering on the part of the victim, the legislative history to Article 93, UCMJ, does not indicate that Congress sought to exclude cases meeting an objective standard
2. Article 93, UCMJ, does not preclude a conviction when, as an objective matter, the accused has engaged in behavior that amounts to cruelty, oppression, or maltreatment, even though the proof of harm or injury to the victim might fall short of demonstrating actual physical and mental pain or suffering; the essence of the offense is abuse of authority; whether conduct constitutes "maltreatment" within the meaning of Article 93, UCMJ, in a particular case requires an objective evaluation of the specific facts and circumstances of that case
3. in a prosecution for maltreatment under Article 93, UCMJ, it is not necessary to prove physical or mental harm or suffering on the part of the victim, although proof of such harm or suffering may be an important aspect of proving that the conduct meets the objective standard; it is only necessary to show, as measured from an objective viewpoint in light of the totality of the circumstances, that the accused's actions reasonably could have caused physical or mental harm or suffering