Proving Dereliction
In order to prosecute a service member under Article 92, the government must prove beyond a reasonable doubt that the service member knew (or should have reasonably known) his duties and that he was either, through neglect or culpable inefficiency (i.e., being inefficient without just cause), derelict in the performance of those duties.
A duty is imposed in any one of the following ways:
- via a treaty,
- statute,
- regulation,
- lawful order,
- standard operating procedure, or
- custom of the service
That the service member possessed actual knowledge of his duties may be proved via:
- regulations,
- training / operating manuals,
- academic literature,
- testimony of service members who held similar positions,
- customs of the service
Read more about this topic: Dereliction Of Duty
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