CORE CRIMINAL LAW SUBJECTS: Crimes: Generally

2023 (October Term)

United States v. Grijalva, 84 M.J. 433 (the preemption doctrine generally prohibits using Articles 133 and 134, UCMJ, to charge conduct covered by Articles 80 through 132, UCMJ).

(the primary question in applying the preemption doctrine is whether Congress intended to limit prosecution for wrongful conduct within a particular area or field to offenses defined in specific articles of the UCMJ).

United States v. Rocha, 84 M.J. 346 (presidentially enumerated elements in Part IV of the MCM standing alone can provide fair notice to servicemembers that certain conduct is criminal).

United States v. Brown, 84 M.J. 124 (an appellate court is not bound by the President's interpretation of the elements of substantive offenses; nonetheless, when the President's narrowing construction of a statute does not contradict the express language of a statute, it is entitled to some deference, and the court will not normally disturb that construction).

2021 (October Term)

United States v. Hiser, 82 M.J. 60 (evidence sometimes may satisfy two elements of an offense).


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