CORE CRIMINAL LAW SUBJECTS: Defenses:
Defense of
Property
2001
United
States v. Marbury, 56 MJ 12 (a servicemember has a
legal
right to eject a trespasser from his or her military bedroom and a
legal right
to protect his or her personal property; these rights are, however, not
unlimited, and they must be exercised reasonably, meaning that
reasonable force
must be used).
(where the record showed that appellant could, but did not, call the
military police to have the victim removed from her military quarters
or
arrested, this was some evidence from which the Court of Criminal
Appeals and
the members could find beyond a reasonable doubt that appellant’s
immediate
return to her military bedroom brandishing a knife for the purpose of
ejecting
her assailant was excessive or unreasonable force, hence unlawful
conduct).