9 - Military Crimes Flashcards
1
Q
What is a Conviction?
A
- Elements
- Proved beyond a reasonable doubt
2
Q
What is Culpability?
A
Intent: you acted with a mental state defined as morally culpable/responsible for your actions & the criminality thereof
3
Q
Crime Elements
A
- Reasonable doubt
- Probable cause
- Preponderance
- Clear & Convincing evidence
- Beyond a reasonable doubt
Must be proven by prosecution beyond a reasonable doubt
4
Q
Three types of Absence Offenses
A
- Article 86 - UA
- Article 85 - Desertion
- Article 87 - Missing Movement
5
Q
Two ways to end the Absence?
A
- Surrender
- Apprehension (arresting the individual)
6
Q
What is Desertion?
A
- Absent w/o authority
- Ended by surrender or apprehension
- Intent to remain way permanently
UAs can become Desertion
7
Q
What is Missing Movement?
A
- Accused was required to move w/unit
- Accused knew of the movement
- Accused missed the movement
- Accused missed the movement because of neglect or design
Must prove the Accused had actualy knowledge of the movement
8
Q
Defense to Absence Offenses
A
- Duress
- Impossibility/Unforeseen Circumstances
- Mistake of Fact
9
Q
Elements of Duress
A
- Must be reasonable fear of serious physical harm
- Threat must be immediate
- No reasonable alternative available
“Honest & reasonable”; fear of immediate death
