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Us V. Johnson Case Brief Summary

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Words 1594
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Case Citation: United States v. Johnson, 43 C.M.R. 604 (C.M.R. 1970)

Parties: United States, Plaintiff / Appellee Willard E. Johnson, Defendant / Appellant

Facts: On November 7, 1969 in Vietnam, the Appellant Willard Johnson was on guard at the main nearby gate. While on guard the appellant was speaking to another fellow soldier. His Lieutenant and another Sergeant were discussing issues. The Sergeant requested the Appellant to run an errand and the Appellant was reluctant to do so. The Appellant asked the Sergeant politely for permission to go and speak with the Inspector General. The Lieutenant felt that the Appellant was insubordinate and the he said, “lock your heals, boy” to the Appellant. Appellant Johnson is an African American, and the term “boy” reflected a derogatory demining term that was often utilized during slavery times in history. After the Sergeant hurled the insult, the …show more content…
The Articles also describe that a subordinate can be charged if they use disrespectful language towards a noncommissioned officer or petty officer while that individual is in the execution of their office, the consequences of this offense is punishment as a court-martial. The military decisional law and relative military cases indicate that divestiture is recognized as a defense to certain offenses where status of the victim is important to note. The cases Under the United States v. Noriega, 7 U.S.C.M.A. 196 (C.M.A. 1956), United States v. Revels, 41 C.M.R. 475 (C.M.R. 1969), United States v. Johnson, 43 C.M.R. 604 (C.M.R. 1970) provide examples of the elements the types of elements that can transpire, therefore providing the military subordinate personnel with a divestiture

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