Military Crimes and Defenses
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This handy one-volume resource offers an in-depth look at the substantive aspects of military justice and is designed to help both the experienced practitioner and the novice find his or her way through the punitive articles of the Uniform Code of Military Justice. It covers the myriad aspects of writing the charges and specifications, analyzing possible defenses, and possible instructions to the court members.
Each punitive article is presented separately, followed by a detailed analysis and discussion. Coverage for each article focuses first on the official text of the article, then provides a discussion of the offense, including its history, what the prosecution must prove, applicable case law, and a discussion about possible defenses. For each article, the maximum punishment, possible lesser-included offenses, sample specifications, and sample instructions from the Military Judges Benchbook are included. This guide also includes background on the military justice system, coverage of court-martial jurisdiction, and a chapter on defenses, for an all-in-one source on substantive military law.
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Table of contents
Ch. 1 Introduction to the Military Criminal Justice System
Ch. 2 Jurisdictional Issues: The Power of Courts-Martial to Try and Punish Offenders
Ch. 3 Military Criminal Substantive Law
Ch. 4 Inchoate Offenses: Articles 77 To 82
Ch. 5 Military-Specific Offenses: Articles 83 To 117
Ch. 6 Common Law Type Offenses: Articles 118 To 132
Ch. 7 The General Articles: Articles 133 & 134