CORE CRIMINAL LAW SUBJECTS: Crimes: Article 134 -- Kidnapping

2009 (September Term)

United States v. Contreras, 69 M.J. 120 (kidnapping is not a purely military offense, where the MCM does not limit the application of that offense to military members only, nor would anyone otherwise consider it to be a purely military offense despite the necessity of proving and pleading that the conduct was service discrediting or prejudicial to good order and discipline).   

 

2008 (September Term)

United States v. Thompson, 67 M.J. 106 (after finding the evidence of kidnapping factually and legally insufficient because the detention was de minimis, the CCA improperly substituted a conviction to reckless endangerment as an offense closely related to the offense of kidnapping, where a comparison of the elements of the two offenses revealed that a conviction for reckless endangerment required proof of elements that were not included in a specification for kidnapping, and reckless endangerment was not an offense necessarily included in the offense of kidnapping).



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