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).


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