Legal Meaning Mutiny

Mutiny, crime. Unlawful resistance by a superior officer or incitement to riots and disturbances on board a ship against the authority of his commander or, in the army, against the authority of officers; incitement to hatred; (see below) a revolt. (S. A.) (2) The Act establishing rules and sections for the Government of the Armed Forces of the United States enacts it as follows: Section 7. Any officer or soldier who initiates, incites or provokes or participates in a mutiny or riot in a force or company in the service of the United States or in a party, post, detachment or guard shall be liable to the death penalty or any other penalty imposed by court martial. Section 8. Any officer, sergeant or soldier who witnesses a mutiny or riot, makes no effort to suppress it, or becomes aware of a planned mutiny, does not immediately inform his commander, shall be punished by death. or otherwise, depending on the nature of his crime. 3. And by the Better Government Act of the United States Navy, it is promulgated as follows: Article 13. If someone in the navy holds a mutinous assembly or attempts to hold a mutinous assembly, he will be sentenced to death if convicted by court martial; And if, as mentioned above, someone utters inflammatory or mutinous words, or conceals or tolerates mutinous or inflammatory practices, or treats with contempt his superior who is in the performance of his duties or witnesses a mutiny or riot, he will be punished at the discretion of a court martial. Empty 2 Stra.

R. 1264. that the maintenance of a standing army in peacetime, unless it has obtained the consent of Parliament, is against the law. At each session, the text of the law had to be presented article by article and line by line by the two chambers. The Army Act, on the other hand, is a fixed permanent code. However, constitutional traditions are fully respected by the insertion of a section stipulating that it will come into force only by an annual Act of Parliament. This annual law cites the illegality of a standing army in peacetime unless there is parliamentary approval, and the need to nevertheless keep ashore a number of land forces (except those serving in India) and a group of royal naval forces and to keep them under strict discipline. and it promulgates the army law for a year. Until 1689, mutiny in England was regulated by articles of war introduced by the monarch and was only effective in wartime.

In 1689, the first Mutiny Act was passed, transferring responsibility for the enforcement of discipline within the army to parliament. The Mutiny Act, amended in 1803, and the Articles of War defined the modalities and penalties for mutiny until they were replaced by the Army Discipline and Regulation Act in 1879. This in turn was replaced by the Army Act in 1881. In the context of criminal law, mutiny refers to an uprising by soldiers or crew members against the authority of their commanders. The crime is similar to the crime of sedition, which is a revolt or incitement to revolt against established authority, punishable by state and federal laws. The United States Uniform Code of Military Justice defines mutiny as follows: Mutiny was considered the most serious offense, particularly on board ships at sea. Since it was assumed that the safety of the vessel depended on the submission of all persons on board to the master`s will, the captain was given extensive disciplinary powers, including the power to impose the death penalty without a court martial. However, with the development of radio communications, these harsh penalties have become less necessary and, according to many current military codes, sentences for mutiny can only be imposed by court martial. Today, the Army Act 1955 defines mutiny as:[1] During the Age of Discovery, mutiny in particular meant an open rebellion against the captain of a ship. This happened, for example, during Ferdinand Magellan`s travels around the world, which led to the murder of one mutineer, the execution of another and the arrest of others; Henry Hudson`s Discovery, which trained Hudson and others to float in a boat; and the infamous mutiny on the Bounty.

Mutiny means any overt act of resistance or attack against military (including naval) authority by two or more persons subject to that authority. The term is sometimes used to describe non-military cases of resistance or attack – such as mutiny aboard a merchant ship or a slave uprising in a state where slavery is recognized by law or custom. Mutiny must be distinguished from revolt or rebellion, which involve broader resistance and usually have a political purpose. U. Military law requires obedience only to lawful orders. Disobedience to illegal orders (see Supreme Orders) is the obligation of every member of the U.S. military, a principle established by the Prague and Tokyo trials after World War II and reaffirmed after the My Lai massacre during the Vietnam War. However, a U.S. soldier who disobeys an order after declaring it illegal will almost certainly be court-martialed to determine whether the disobedience was appropriate. Moreover, the mere refusal of obedience is not a mutiny that requires cooperation or conspiracy to disobey.

And by the United States Navy Better Government Act, it is enacted as follows: Article 13. If someone in the navy holds a mutinous assembly or attempts to hold a mutinous assembly, he will be sentenced to death if convicted by court martial; And if, as mentioned above, someone utters inflammatory or mutinous words, or conceals or tolerates mutinous or inflammatory practices, or treats with contempt his superior who is in the performance of his duties or witnesses a mutiny or riot, he will be punished at the discretion of a court martial. Those convicted of mutiny often faced the death penalty. Until 1998, mutiny and another offence of non-oppression or denunciation of a mutiny were each punishable by death. [2] Section 21(5) of the Human Rights Act 1998 completely abolished the death penalty in the United Kingdom. (Previously, the death penalty for murder had already been abolished, but it had remained in force for certain military offences and treason, even though no executions had taken place for several decades.) This provision was not required by the European Convention on Human Rights, since Protocol No. 6 to the Convention allowed the death penalty in time of war and Protocol No. 13, which prohibits the death penalty in all circumstances, did not exist at that time. The UK Government introduced Article 21(5) as a belated amendment in response to parliamentary pressure. Rebellion, revolution, insurrection, revolt, insurrection, mutiny mean an explosion against authority. Rebellion involves open and formidable resistance, often unsuccessful. Open rebellion against the officers` revolution refers to a successful rebellion that leads to great change (as in government).

A political revolution that overthrew the monarchy`s uprising involves a brief, limited, and often immediately ineffective rebellion. Revolt and insurrection involve an armed insurrection that fails or succeeds quickly. a revolt of the Young Turks that surprised the party leaders An uprising of suppressed workers` mutiny applies to rebellion or group insurrection, especially against naval authority. A mutiny led by the ship`s cook In 1715, this power was created as a result of the rebellion concerning the forces in the kingdom, but outside and in no way affected the principle, which was recognized from the beginning, that the crown of its mere prerogative could make laws for the government of the army in foreign countries in time of war. The military law of England existed in ancient times, like the forces to which it applied, only in time of war. The troops were raised for specific service and disbanded after the end of hostilities. The Crown enacted laws by prerogative as an article of war for government and troop discipline, while thus being embodied and served. With the exception of the penalty of desertion, which was declared a crime by law during the reign of Henry VI, these decrees or articles of war remained almost the sole authority to enforce discipline until 1689, when the first Mutiny Act was passed and the forces of the Crown were placed under the direct control of Parliament. Even the parliamentary forces in the days of Charles I and Oliver Cromwell were governed, not by an act of the legislature, but by articles of war similar to those of the king, approved by an order in council of the Lords and Commons, which exercised sovereign prerogative in this regard. However, this prerogative legislative power was considered applicable only during a real state of war, and attempts to exercise it in peacetime were ineffective.

Subject to this restriction, it continued to exist for well over a century after the passage of the first Mutiny Act. At the same time, another remarkable change took place. The Mutinies Act had only come into force for one year at a time, according to constitutional theory: Thus, the history of English military law up to 1879 can be divided into three periods, each with its own constitutional aspect: (I) before 1689, the army, which was regarded as personal supporters of the sovereign and not as servants of the state, was governed primarily by the will of the sovereign; (2) Between 1689 and 1803, the army, recognized as a permanent force, was governed within the empire by law and without it by the prerogative of the crown, and (3) from 1803 to 1879 it was governed either directly by law or by the sovereign by virtue of an authority derived from the law and defined and limited by it.