Death or other lawful punishment. (Criteria)

In that __________, (personal jurisdiction data) with intent to (usurp) (override) (usurp and override) lawful military authority, did, (at/on board—location), on or about __________, refuse, in concert with __________ (and __________) (others whose names are unknown), to (obey the orders of __________ to __________) (perform (his) (her) duty as __________).

(1) That (state the time and place alleged), the accused refused to (obey the orders of __________ to __________) (perform (his) (her) duty as __________);

(2) That the accused in refusing to (obey the order) (perform this duty) acted in concert with (another) (other) person(s), namely, (__________) (and) (__________) (others whose names are unknown); and

(3) That the accused in pursuance of a common intent with another did so with intent to (usurp) (override) lawful military authority.

This offense involves collective insubordination and requires some combination of two or more persons acting together in resisting lawful military authority. “In concert with” means together with, in accordance with a common intent, design, or plan, regardless of whether this intent, design, or plan was developed at some earlier time. There must be concerted action with at least one other person who also shares the accused’s intent to (usurp) (and) (override) lawful military authority. (It is not necessary that the act of insubordination be active or violent.) It consists of a persistent and joint (refusal) (failure) to (obey orders) (perform duty) with an insubordinate intent, that is, an intent to (usurp) (and) (override) lawful military authority. (“Usurp” means to seize and to hold by force or without right.) (“Override” means to set aside or supersede.)

US v. Duggan, 15 CMR 396 (CMA 1954).

Death or other lawful punishment. (Criteria)

In that __________, (personal jurisdiction data) with intent to cause the (overthrow) (destruction) (overthrow and destruction) of lawful civil authority, to wit: __________, did, (at/on board—location), on or about __________, in concert with (__________) (and) (__________) (others whose names are unknown), create (revolt) (violence) (a disturbance) against such authority by (entering the Town Hall of __________ and destroying property and records therein) (marching upon and compelling the surrender of the police of __________) (__________).

(1) That (state the time and place alleged), the accused created (revolt) (violence) (a disturbance) against lawful civil authority by (state the manner alleged);

(2) That the accused acted in concert with (another) (other) person(s), namely, __________ (and __________) (and others whose names are unknown); and

(3) That the accused did so with intent to cause the (overthrow) (destruction) (overthrow and destruction) of lawful civil authority, namely (specify the alleged lawful civil authority).

“In concert with” means together with, in accordance with a common intent, design, or plan, regardless of whether this intent, design, or plan was developed at some earlier time. “Revolt” means a casting off or repudiation of allegiance or an uprising against legitimate authority.) (“Violence” means the exertion of physical force.) (“Disturbance” means the interruption of or interference with a state of peace or order.) (“Overthrow” means overturning or upsetting, causing to fall or fail, subverting, defeating, ruining, or destroying.) (“Destruction” means overthrow, downfall, or causing to fall or fail.)

Death or other lawful punishment. (Criteria)

In that __________, (personal jurisdiction data) did, (at/on board—location), on or about __________, fail to do (his) (her) utmost to prevent and suppress a (mutiny) (sedition) among the (Soldiers) (Sailors) (Airmen) (Marines) (__________) of __________, which (mutiny) (sedition) was being committed in (his) (her) presence, in that ((he) (she) took no means to compel the dispersal of the assembly) ((he) (she) made no effort to assist __________ who was attempting to quell the mutiny) (__________).

(1) That (state the time and place alleged), an offense of (mutiny) (sedition) was being committed in the presence of the accused by (state the description of those engaged in the mutiny or sedition, as alleged); and

(2) That the accused failed to do (his) (her) utmost to prevent and suppress the (mutiny) (sedition) by (state the manner alleged).

The elements of the offense of (mutiny) (sedition) are as follows:

“Utmost” means taking those measures to prevent or suppress a (mutiny) (sedition) which may properly be called for by the circumstances of the situation, keeping in mind the (rank and responsibilities) (employment) of the accused. (When extreme measures are necessary under the circumstances, the use of a dangerous weapon or the taking of life may be justified, providing excessive force is not used.)

Proof that the accused actually participated in the (mutiny) (sedition) is not required. However, you must be satisfied by legal and competent evidence beyond a reasonable doubt that (service members) (__________) of (__________) were committing (mutiny) (sedition) in the presence of the accused and that the accused failed, in the manner charged, to do (his) (her) utmost to prevent and suppress the (mutiny) (sedition).

Death or other lawful punishment. (Criteria)

In that __________, (personal jurisdiction data) did, (at/on board—location), on or about __________, fail to take all reasonable means to inform (his) (her) superior commissioned officer or (his) (her) commander of a (mutiny) (sedition) among the (Soldiers) (Sailors) (Airmen) (Marines) (__________) of __________, which (mutiny) (sedition) (he) (she), the said ________ (knew) (had reason to believe) was taking place.

(1) That (state the time and place alleged), an offense of (mutiny) (sedition) among (state the description of those engaged in the mutiny or sedition, as alleged) was taking place;

(2) That the accused (knew) (or) (had reason to believe) that the offense was taking place; and

(3) That the accused failed to take all reasonable means to inform (his) (her) superior commissioned officer or (his) (her) commander that the (mutiny) (sedition) was taking place.

The elements of the offense of (mutiny) (sedition) are as follows:

A failure to take “all reasonable means” to inform a superior includes the failure to take the most expeditious means available. (The accused can be said to have had “reason to believe” that (mutiny) (sedition) was taking place when the circumstances which were known to the accused were such as would have caused a reasonable person in the same or similar circumstances to believe that a (mutiny) (sedition) was taking place.)

Proof that the accused actually participated in the (mutiny) (sedition) or that the offense was committed in the accused’s presence is unnecessary. However, you must be satisfied by legal and competent evidence beyond a reasonable doubt that (service members) (__________) of (__________) were committing (mutiny) (sedition), and that the accused (knowing) (or) (having reason to believe) that the offense was taking place, failed to take all reasonable means to inform (state the name and rank of the accused’s commanding officer) or any superior commissioned officer of the offense.

A “superior commissioned officer” means a superior commissioned officer in the accused's chain of command.

Death or other lawful punishment. (Criteria)

In that __________, (personal jurisdiction data), with intent to (usurp) (override) (usurp and override) lawful military authority, did, (at/on board—location), on or about __________, attempt to (create (violence) (a disturbance) by _________) (__________).

(1) That (state the time and place alleged), the accused did a certain act; that is, (state the act(s) alleged or raised by the evidence);

(2) That the act was done with specific intent to commit the offense of mutiny;

(3) That the act amounted to more than mere preparation; that is, it was a direct movement toward the commission of the offense; and

(4) That the act apparently tended to effect the commission of the offense of mutiny; that is, the act apparently would have resulted in the actual commission of mutiny except for (a circumstance unknown to the accused) (an unexpected intervening circumstance) (_________) which prevented completion of that offense.

Proof that the offense of mutiny actually occurred or was completed by the accused is not required. However, it must be proved beyond reasonable doubt that, at the time of the act charged in the specification, the accused intended every element of the offense of mutiny. These elements are (list the elements of the offense of mutiny).