CORE CRIMINAL LAW SUBJECTS: Crimes: Article 134 -- Firearm, Discharging Willfully under such Circumstancesas to Endanger Human Life

2018 (October Term)

United States v. Coleman, 79 M.J. 100 (the offense of willfully discharging a firearm under circumstances to endanger human life is not multiplicious with the offense of attempted murder because each offense requires proof of an element not included in the other; the Article 134, UCMJ, offense of willfully discharging a firearm under circumstances to endanger human life requires proof of prejudice to good order and discipline, or evidence of service discrediting conduct, to satisfy the terminal element; however, the Article 80, UCMJ, offense of attempted murder requires no such proof; similarly, the Article 80, UCMJ, offense of attempted murder requires proof that the act was done with the specific intent to commit a certain offense under the UCMJ; however, the Article 134, UCMJ, offense of willfully discharging a firearm under circumstances to endanger human life requires no such proof; instead, the Article 134, UCMJ, offense merely requires that the discharge of a firearm be done willfully; because each offense contains a unique element, separate offenses warranting separate convictions and punishment can be presumed to be Congress's intent).


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