UCMJ Article 87b

UCMJ Article 87b

Offenses Against Correctional Custody and Restriction


Article 87b of the MCM states a service member may be subject to prosecution if they, escape from correctional custody, breach of correctional custody, or breach of restriction.

In order to be convicted of a violation of Article 87b Escape from Correctional Custody, the prosecution must prove, beyond a reasonable doubt, the accused:

  1. was placed in correctional custody by a person authorized to do so;
  2. while in correctional custody, was under physical restraint; and
  3. escaped from the physical restraint before being released from the physical restraint by proper authority.

 

In order for Article 87b Breach of Correctional Custody to be applicable, the prosecution must demonstrate the accused:

  1. was placed in correctional custody by a person authorized to do so;
  2. while in correctional custody, was under restraint other than physical restraint; and
  3. went beyond the limits of the restraint before being released from the correctional custody or relieved of the restraint by proper authority.

 

Article 87b Breach of Restriction may be argued by the prosecution by demonstrating the accused:

  1. was ordered to be restricted to certain limits by a person authorized to do so; and
  2. with knowledge of the limits of the restriction, went beyond those limits before being released by proper authority.

 

Understanding Article 87b (Offenses Against Correctional Custody and Restriction) of the UCMJ

Under Article 87b Escape from Correctional Custody, the prosecution must prove beyond a reasonable doubt the accused escaped the punishment of correctional custody before being formally released by authorized personnel by removing physical restraints or vacating the containment area.

Prosecution of Article 87b Breach of Correctional Custody must be prove the accused breached any form of restraint imposed upon them while in custody.  This may range from a breach of physical restraints to breaching of confinement in a specific location.

Article 87b Breach of Restriction requires the prosecution to demonstrate the accused violated the moral restraint imposed upon them, through an order, that specified they remain within certain limits.

 

Maximum Possible Punishment for Violations of Article 87b

Service members who are convicted of a violation of Article 87b face a maximum possible punishment of a dishonorable discharge, forfeiture of all pay and allowances, and up to 1 year of confinement.

 

How do you defend against Article 87b – Offenses Against Correctional Custody and Restriction?

When you are facing the combined resources of the military as well as the current cultural climate, you need to be prepared to defend your career and your freedom. Crisp and Associates, LLC has a team of experienced trial attorneys who have won these cases. This team includes the firm’s founder, Jonathan Crisp, a highly respected former Army JAG with over 17 years of experience in military law and a sought-after speaker and lecturer on military law. In 2015 the firm recruited R. Davis Younts, a former prosecutor who was the number one rated Senior Defense Counsel in the Air Force and has taught at the Army and Air Force JAG Schools and successfully achieved acquittals in multiple rape, sexual assault, and sexual contact cases in courts-martial in multiple branches of the service.

If you or someone you know is facing Article 87b charges for Offenses Against Correctional Custody and Restriction, you need to speak with a Military defense attorney right away. Please call Crisp and Associates Military at 888-258-1653 for a free consultation.

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