View Poll Results: Should adultery be a criminal offense punishable by jailtime?

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  • Obviously! It should carry MMS and strict for 2nd++ offense..

    5 4.55%
  • Yes, jailtime.

    4 3.64%
  • Yah, first fine, then jail, mild jail time.

    1 0.91%
  • Hmm.. Perhaps..

    8 7.27%
  • No..

    90 81.82%
  • Something else(explain).

    7 6.36%
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Thread: Should adultery be a criminal offense punishable by jailtime?

  1. #531
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    Re: Should adultery be a criminal offense punishable by jailtime?

    Quote Originally Posted by independent_thinker2002 View Post
    I didn't know that. What are the punishment guidelines?
    Non-Judicial Punishment or Court Martial. Article 134.

    (1) That the accused wrongfully had sexual intercourse with a certain person;

    (2) That, at the time, the accused or the other person was married to someone else; and

    (3) That, under the circumstances, the conduct of the accused was to the prejudice of good order and discipline in the armed forces or was of a nature to bring discredit upon the armed forces.

    Explanation.

    (1) Nature of offense. Adultery is clearly unacceptable conduct, and it reflects adversely on the service record of the military member.

    (2) Conduct prejudicial to good order and discipline or of a nature to bring discredit upon the armed forces. To constitute an offense under the UCMJ, the adulterous conduct must either be directly prejudicial to good order and discipline or service discrediting. Adulterous conduct that is directly prejudicial includes conduct that has an obvious, and measurably divisive effect on unit or organization discipline, morale, or cohesion, or is clearly detrimental to the authority or stature of or respect toward a servicemember. Adultery may also be service discrediting, even though the conduct is only indirectly or remotely prejudicial to good order and discipline. Discredit means to injure the reputation of the armed forces and includes adulterous conduct that has a tendency, because of its open or notorious nature, to bring the service into disrepute, make it subject to public ridicule, or lower it in public esteem. While adulterous conduct that is private and discreet in nature may not be service discrediting by this standard, under the circumstances, it may be determined to be conduct prejudicial to good order and discipline. Commanders should consider all relevant circumstances, including but not limited to the following factors, when determining whether adulterous acts are prejudicial to good order and discipline or are of a nature to bring discredit upon the armed forces:


    (a) The accused's marital status, military rank, grade, or position;

    (b) The co-actor's marital status, military rank, grade, and position, or relationship to the armed forces;

    (c) The military status of the accused's spouse or the spouse of co-actor, or their relationship to the armed forces;

    (d) The impact, if any, of the adulterous relationship on the ability of the accused, the co-actor, or the spouse of either to perform their duties in support of the armed forces;

    (e) The misuse, if any, of government time and resources to facilitate the commission of the conduct;

    (f) Whether the conduct persisted despite counseling or orders to desist; the flagrancy of the conduct, such as whether any notoriety ensued; and whether the adulterous act was accompanied by other violations of the UCMJ;

    (g) The negative impact of the conduct on the units or organizations of the accused, the co-actor or the spouse of either of them, such as a detrimental effect on unit or organization morale, teamwork, and efficiency;

    (h) Whether the accused or co-actor was legally separated; and

    (i) Whether the adulterous misconduct involves an ongoing or recent relationship or is remote in time.

    (3) Marriage. A marriage exists until it is dissolved in accordance with the laws of a competent state or foreign jurisdiction.

    (4) Mistake of fact. A defense of mistake of fact exists if the accused had an honest and reasonable belief either that the accused and the co-actor were both unmarried, or that they were lawfully married to each other. If this defense is raised by the evidence, then the burden of proof is upon the United States to establish that the accused's belief was unreasonable or not honest.".

    Lesser included offense...Article 80—attempts



    I know a Sgt that was busted to Corporal and a full Bird Colonel that was escorted out the Corps. And for a Marine to screw around inside another Marine's marriage? It's over.

    Why do you think the military was so pissed off that Clinton got away with it? A Commander-in-Chief only when someone needs killin'?
    Last edited by MSgt; 02-16-09 at 12:30 PM.

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  2. #532
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    Re: Should adultery be a criminal offense punishable by jailtime?

    Quote Originally Posted by Goldenboy219 View Post
    Nobody in their right mind, besides a lush adulterous person, would argue it is ok.

    Smoking cigarettes is not "ok"..... This does not constitute it as being illegal. Eating 5 double cheeseburgers every day is not "ok".... etc...
    I never said it was ok I just said it shouldn't be punishable.

  3. #533
    I'm not-low all the time
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    Re: Should adultery be a criminal offense punishable by jailtime?

    Quote Originally Posted by pro-bipartisan View Post
    I never said it was ok I just said it shouldn't be punishable.
    I was arguing in favor of that opinion
    It is not very unreasonable that the rich should contribute to the public expense, not only in proportion to their revenue, but something more than in that proportion.
    "Wealth of Nations," Book V, Chapter II, Part II, Article I, pg.911

  4. #534
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    Re: Should adultery be a criminal offense punishable by jailtime?

    Quote Originally Posted by scourge99 View Post
    Because there is no compelling state interest to prosecute such cases.

    Because being a jerk isn't a violation of your rights granted by the constitution.

    Because prosecuting the private actions of consenting adults is arguable unconstiutional.

    Its an offense of civil matter, not of criminal matter.
    Seeing what adultery can and often does to the "cheated" party, I would have to disagree that there is no compelling state interest to prosecute.

    I see marriage as a contract (among other more personal things) and if one breaks that contract, the act should be punishable by X.
    Quote Originally Posted by Tucker Case View Post
    Don't apologize to me over that silly ****. I could care less if I can see the dust or not.
    Now apologize for apologizing!

  5. #535
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    Re: Should adultery be a criminal offense punishable by jailtime?

    Quote Originally Posted by GySgt View Post
    Non-Judicial Punishment or Court Martial. Article 134.






    I know a Sgt that was busted to Corporal and a full Bird Colonel that was escorted out the Corps. And for a Marine to screw around inside another Marine's marriage? It's over.

    Why do you think the military was so pissed off that Clinton got away with it? A Commander-in-Chief only when someone needs killin'?
    Thanks. I see the need in the military for this. I don't think that translates to civilian life very well though.
    Quote Originally Posted by Jerry
    The Amish are light-years ahead of the rest of the human race.



  6. #536
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    Re: Should adultery be a criminal offense punishable by jailtime?

    Quote Originally Posted by Shewter View Post
    Seeing what adultery can and often does to the "cheated" party, I would have to disagree that there is no compelling state interest to prosecute.

    I see marriage as a contract (among other more personal things) and if one breaks that contract, the act should be punishable by X.
    It's not very pragmatic to prosecute.

    I see little gain and more cost to the state. That is why it's not a compelling state interest.
    Quote Originally Posted by Jerry
    The Amish are light-years ahead of the rest of the human race.



  7. #537
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    Re: Should adultery be a criminal offense punishable by jailtime?

    Quote Originally Posted by Shewter View Post
    Seeing what adultery can and often does to the "cheated" party, I would have to disagree that there is no compelling state interest to prosecute.
    and what's the state interest? Someones feelings got hurt? So we should now prosecute people for lying or calling people hurtful names? I guess a more fundamental question is, before I verge on creating strawman arguments, is what exactly is the compelling interest of the state?

    I see marriage as a contract (among other more personal things) and if one breaks that contract, the act should be punishable by X.
    If its in the contract then its enforceable, in civil court.
    If you believe in the Supernatural then you can become a millionaire!

    Questioning or criticizing another's core beliefs is inadvertently perceived as offensive and rude.

  8. #538
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    Re: Should adultery be a criminal offense punishable by jailtime?

    Quote Originally Posted by scourge99 View Post
    and what's the state interest? Someones feelings got hurt? So we should now prosecute people for lying or calling people hurtful names? I guess a more fundamental question is, before I verge on creating strawman arguments, is what exactly is the compelling interest of the state?
    Murder, psychosis, should I go on? The reaction to adultery is often times quite detrimental to one or more parties involved.

    If its in the contract then its enforceable, in civil court.
    'tis why I think it should be in the contract. At the moment it is not specifically noted.
    Quote Originally Posted by Tucker Case View Post
    Don't apologize to me over that silly ****. I could care less if I can see the dust or not.
    Now apologize for apologizing!

  9. #539
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    Re: Should adultery be a criminal offense punishable by jailtime?

    Quote Originally Posted by Shewter View Post
    Murder, psychosis, should I go on? The reaction to adultery is often times quite detrimental to one or more parties involved.
    So is the reaction to being dumped. Should we make it a crime to break up with/divorce someone too?

  10. #540
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    Re: Should adultery be a criminal offense punishable by jailtime?

    Quote Originally Posted by rivrrat View Post
    So is the reaction to being dumped. Should we make it a crime to break up with/divorce someone too?
    Breaking up/divorcing someone is hardly comparable to cheating.

    Do you really think it to be that simple of a matter?
    Quote Originally Posted by Tucker Case View Post
    Don't apologize to me over that silly ****. I could care less if I can see the dust or not.
    Now apologize for apologizing!

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