CORE CRIMINAL LAW SUBJECTS: Crimes: Article 95 - Resistance, Flight,
Breach of
Arrest, and Escape
2000
United
States v. Diggs, 52 MJ 251 (legally sufficient
evidence of the
element of clear notice of apprehension was presented where
extraordinary
situation was evidenced, in which criminal liability was suggested by
the
circumstances and expressly admitted by a senior noncommissioned
officer, and
personal control or custody was exercised by subordinate
noncommissioned
officer).
United
States v. Pritt, 54 MJ 47 (amendment to Article
95, UCMJ,
making flight from apprehension criminal, was effective on February 10,
1996,
the date upon which the President signed the legislation in consonance
with the
rule that a law takes effect on the date of its enactment).
1999
United
States v. Thomasson, 50 MJ 179 (in the National Defense
Authorization Act for Fiscal Year 1996, Pub.L. No. 104-106, § 1112, 110
Stat.
461, Congress amended Article 95, UCMJ, to add the offense of “fleeing
from
apprehension”; prior thereto, mere flight from a law enforcement
officer did
not constitute the offense of resisting apprehension).