CAAF Opinion Digest · II.B.3 · Prosecution Function

Discretion

At the court
1 digested opinion, 1999–1999 Terms
1999
United States v. Falk, 50 M.J. 385 · decided May 28, 1999 · No. 98-0064/AF
  1. conduct which may be to the prejudice of good order and discipline in the armed forces or service discrediting may also be a crime under Title 18 of the United States Code; therefore, an accuser in preferring charges, or trial counsel in prosecuting, may opt to rely on the generally applicable federal penal statute rather than to proceed under the first two clauses of Article 134
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Last updated by the court: Oct 13, 2026 · mirrored Oct 29, 2026 · digest page IIB3 · Always confirm a holding against the opinion itself (linked from each case name).