(3) Courts and boards.
c. Results of reports.
(1) Courts-martial.
(2) Articles 15.
(3) Board actions.
(4) Reports of survey.
d. Evaluation of an investigation. Investigative reports serve as the basis of
action for those who use them. The user's evaluation of these reports may or may
not be consistent with the reports as given. Such inconsistency may be the result
of weak investigation.
It could be due to a hasty review of the report by MP
supervisors.
Or, it might be due to an honest difference in interpretation of
facts by the MPI and the user.
e. Conclusions.
Conclusions must be supported by evidence or the lack of it.
To conclude that an offense was done by a person when the facts do not support such
a conclusion reflects badly against the MPI. It also violates public confidence in
the Military Police Corps.
PART A - THE ELEMENTS OF A CRIME.
a. The term "elements of a crime" refers to those facts which must be present in
all human behavior before it is considered criminal. The criminal act is more than
a physical movement or failure to move.
It consists of the circumstances at the
time, the actual act or omission, and the results.
(1) A crime consists of two basic elements: the physical and the nonphysical.
(2) Most definitions of the term "crime" claim that there must be an act or
omission of some kind. This is the physical element. It is the conduct termed the
criminal act. Criminal intent is no crime until joined with a voluntary criminal
act or omission.
(3) Most definitions of a crime require an act or omission.
It is also
required that most crimes be committed with some kind of mental element. This is
the nonphysical element: the element of intent.
(a) Criminal intent is that state of mind which a particular law says must
accompany the act in order for there to be a crime.
(b) To determine the
necessary
state
of
mind
one
must
look
to
the
definition of the offense.
MP0018
3-2
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