Tag: Articles of the UCMJ

What does Article 82 prohibit? Can words alone lead to a charge?
• Article 82 punishes anyone who solicits another to commit a UCMJ offense.
• Spoken or written words encouraging criminal conduct may be enough to charge.

Does the crime need to be carried out? Must the other person follow through?
• No, the offense is complete once the solicitation occurs.
• Whether or not the crime happens does not affect guilt.

What is considered solicitation under Article 82?
• Solicitation includes asking, urging, or encouraging someone to commit a crime.
• It can be direct, indirect, verbal, written, or conveyed through behavior.

Does intent matter in solicitation charges?
• Yes, prosecutors must prove the accused intended the crime to occur.
• Joking or hypothetical statements may not qualify without clear intent.

What offenses can be solicited under Article 82?
• It applies to crimes under the UCMJ punishable by court-martial.
• These include murder, desertion, sexual assault, theft, and drug distribution.

Can military members solicit subordinates or superiors?
• Yes, Article 82 applies regardless of rank or command relationship.
• Soliciting anyone to break military law is punishable under this article.

What if the person solicited refuses? Is that a defense?
• No, refusal to act does not protect the person who made the request.
• The charge is based on the act of solicitation, not the outcome.

How do courts determine if solicitation occurred?
• Courts examine the language used, context, and surrounding behavior.
• Explicit encouragement or repeated attempts strengthen the prosecution’s case.

Are there defenses to solicitation charges?
• Lack of intent, mistaken identity, or insufficient evidence may be defenses.
• If the communication was unclear or non-criminal, charges may not hold.

Can solicitation be paired with other offenses?
• Yes, it is often charged alongside conspiracy, attempt, or misconduct.
• These combinations increase potential penalties.

What are the punishments under Article 82?
• Penalties vary by the offense solicited and may include:
• Dishonorable or bad conduct discharge
• Reduction in rank
• Total forfeiture of pay and allowances
• Confinement (up to life, depending on the solicited crime)

Is solicitation treated seriously even if done in private?
• Yes, private texts, conversations, or social media can all be evidence.
• Military courts do not require public or overt actions for prosecution.

Can sarcasm or venting lead to solicitation charges?
• If the context …

What is conspiracy under Article 81? Does a crime have to occur?
• Conspiracy means agreeing with others to commit a military offense.
• No actual crime or harm must happen for charges to be filed.

Does the plan need to succeed? Can talking alone lead to charges?
• Success is not required; one overt act moves it from talk to action.
• Even a small step, like sending a message, may trigger prosecution.

What qualifies as an agreement? Must it be in writing or spoken aloud?
• Agreements can be implied from actions, shared goals, or patterns.
• Written proof is not needed; behavior and intent may be inferred.

Is specific intent important for conspiracy? Can you be guilty by association?
• Specific intent to join the plan is required for conviction.
• Presence alone is not enough; the government must prove shared purpose.

What is an overt act in conspiracy cases? Must it be illegal itself?
• The overt act supports the plan but does not need to be illegal.
• Examples include making calls, sending emails, or transporting people.

Can neutral behavior count as an overt act? What if it seems innocent?
• Yes, even lawful acts may be used if tied to the plan.
• Timing and context determine whether the act advances the conspiracy.

What are chain and wheel conspiracies? How do roles affect guilt?
• Chain conspiracies connect people in a sequence, often for drugs.
• Wheel conspiracies center around one person dealing with many others.

Can you be charged for not completing the act? What if you did nothing?
• Yes, if you agreed to the plan and someone acted on it.
• Personal participation in the act is not required for guilt.

Which crimes are commonly linked to Article 81 conspiracy?
• Common pairings include fraud, drug offenses, theft, and assault.
• Prosecutors use conspiracy to expand the number of accused parties.

What is the punishment under Article 81? Does it match the intended crime?
• Punishment usually equals the maximum sentence for the planned offense.
• Penalties include discharge, rank reduction, confinement, and forfeiture.

What are defenses against conspiracy charges? Can misunderstanding be enough?
• No agreement, no intent, or withdrawal before the act are defenses.
• Wharton’s Rule may also apply when only two parties are required.

What if you backed out of the plan early? Can you still be …

ARTICLE 80 ATTEMPTS

What does Article 80 cover? Is failing to finish a crime still punishable?
• Article 80 punishes attempts to commit military offenses, even if the crime was not completed.
• The accused must take a substantial step toward committing the offense.

Does intent matter under Article 80? Can someone be charged without purpose?
• Intent is critical; the accused must have specific intent to commit the offense.
• Lack of intent or mistaken purpose may be a defense.

Is preparation enough for a conviction? What must the act include?
• Mere preparation is not enough; the act must move toward completion.
• A substantial and direct step must be taken to qualify as an attempt.

Can someone be convicted if the crime was actually completed?
• Yes, Article 80 allows conviction for attempt even if the full crime occurred.
• The prosecution may argue both attempt and completion occurred.

What must prosecutors prove for guilt? Does the act need to be close to the final result?
• They must prove an overt act, specific intent, and a substantial step.
• Proximity to the intended result helps show the seriousness of the attempt.

What is “factual impossibility” and is it a defense?
• Factual impossibility means the crime could not succeed due to unknown facts.
• It is not a defense if the accused believed the act would work.

When does preparation become an attempt? What are the key signals?
• Placing tools, entering the location, or starting the offense may be attempts.
• Acts like lighting a fuse or pulling a trigger confirm the shift from planning.

What are lesser included offenses under Article 80?
• Lesser included offenses are crimes like assault or false imprisonment.
• They may be charged if the full attempt charge cannot be proven.

Are punishments severe for attempts? Can they match completed crimes?
• Yes, punishments can equal the full offense, except for capital crimes.
• Attempted murder and similar offenses may still carry long sentences.

Can someone be convicted based only on circumstantial actions?
• Courts often evaluate the nature and clarity of the action taken.
• Strong indirect evidence of intent and action may support conviction.

Does every attempt need a physical act? Can intent and planning alone be punished?
• Physical action is required; thoughts and plans are not punishable alone.
• The act must show an unambiguous …

UCMJ Article 78 punishes anyone who helps another person avoid consequences after a military crime. Even if you did not commit the original offense, helping after the fact can lead to severe penalties.

What does Article 78 cover? Do you have to commit the original crime?
• It covers helping someone after they committed a military offense.
• You do not need to commit the original crime to be charged.

Can helping a friend get you charged? Does motive matter?
• Helping a friend escape consequences can lead to Article 78 charges.
• Your motive, such as loyalty, does not change the charge.

Does silence make you an accessory? Can you be prosecuted for not speaking up?
• Silence can be seen as protecting someone and used against you.
• Prosecutors may claim you intended to help by staying quiet.

Is deleting evidence enough for a charge? Must you directly block investigators?
• Destroying or hiding evidence qualifies for Article 78.
• You do not have to physically block investigators.

What must prosecutors prove? Is intent required?
• They must show a crime happened, you knew about it, and you helped.
• Intent to help avoid punishment is necessary.

Can you be convicted for a mistake? Does confusion or fear excuse you?
• Honest mistakes or confusion usually are not enough to convict.
• The court focuses on what you knew and meant to do.

Is Article 78 risky for the innocent? Can you be punished for trying to help?
• Yes, many are charged for actions done out of confusion or loyalty.
• The law focuses on results, not just your good intentions.

Is lying to investigators needed for a charge? Is direct interference required?
• Lying is not needed; simply helping someone is enough.
• You do not need to directly interfere with an investigation.

Can texts or private conversations be used as evidence? Does intent have to be stated?
• Messages, conversations, and behavior can all be evidence.
• Prosecutors can argue intent even if you never said it outright.

Can trying to quietly solve a problem lead to charges? Do good intentions protect you?
• Handling things quietly instead of reporting can look like accessory conduct.
• Good intentions do not prevent prosecution if you helped someone avoid justice.

What punishments can you get under Article 78? Do penalties depend on the original crime?
• You …