(D)
“Punitive Articles of the UCMJ”
“Articles 77 through 134 of the Uniform Code of Military Justice”
Pro
Se “Slave Negro” (Petitioner) “Louis Charles Hamilton II (USN) herein, on
behalf of every “We” Thee continue 1000% abused (Negro) Race of (America) fully
State, Affirm and legally in being just
Declare officially 1000%
respectfully furtherance’s before His/her “World Honorable Justices” all
furtherance’s as legally as follows:
6.
Art. 106. Spies
Any person who in time of war is found lurking as a spy or
acting as a spy in or about any place, vessel, or aircraft, within the control
or jurisdiction of any of the armed forces, or in or about any shipyard,
Any manufacturing
or industrial plant, or any other place or institution engaged in work in aid
of the prosecution of the war by the United States, or elsewhere, shall be
tried by a general court-martial or by a military commission and on conviction
shall be punished by death.
906a. Art. 106a. Espionage
(a)
(1) Any person subject to this chapter who, with intent or
reason to believe that it is to be used to the injury of the United States or
to the advantage of a foreign nation, communicates, delivers, or transmits, or
attempts to communicate, deliver, or transmit, to any entity described in
paragraph
(2), either directly or indirectly, anything described in
paragraph (3) shall be punished as a court-martial may direct, except that if
the accused is found guilty of an offense that directly concerns
(A)
nuclear weaponry, military spacecraft or satellites, early warning systems, or
other means of defense or retaliation against large scale attack, (B) war
plans, (C) communications intelligence or cryptographic information, or (D) any
other major weapons system or major element of defense strategy, the accused
shall be punished by death or such other punishment as a court-martial may
direct.
(2) An entity referred to in paragraph (1) is-
(A)
A foreign government; (B) a faction or party or military or naval force within
a foreign country, whether recognized or unrecognized by the United States; or
(C) a representative, officer, agent, employee, subject, or citizen of such a
government, faction, party, or force.
(3) A thing referred to in paragraph (1) is a document,
writing, code book, signal book, sketch, photograph, photographic negative,
blueprint, plan, map, model, note, instrument, appliance, or information
relating to the national defense.
(b)
(1) No person may be sentenced by court-martial to suffer
death for an offense under this section (article) unless-
(A)
The members of the court-martial unanimously find at least one of the
aggravating factors set out in subsection (c); and (B) the members unanimously
determine that any extenuating or mitigating circumstances are substantially
outweighed by any aggravating circumstances, including the aggravating factors
set out in subsection (c).
(2) Findings under this subsection may be based on-
(A)
Evidence introduced on the issue of guilt or innocence; (B) evidence introduced
during the sentencing proceeding; or (C) all such evidence.
(3) The accused shall be given broad latitude to present
matters in extenuation and mitigation.
(c)
A sentence of death may be adjudged by a court-martial for an offense under
this section (article) only if the members unanimously find, beyond a
reasonable doubt, one or more of the following aggravating factors:
(1) The accused has been convicted of another offense
involving espionage or treason for which either a sentence of death or
imprisonment for life was authorized by statute.
(2) In the commission of the offense, the accused
knowingly created a grave risk of substantial damage to the national security.
(3) In the commission of the offense, the accused
knowingly created a grave risk of death to another person.
(4) Any other
factor that may be prescribed by the President by regulations under section 836
of this title (article 36).
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