(c) The criminal intent element is not always the same with different
crimes.
Such intent may vary according to provisions of the separate punitive
articles.
Some articles require only GENERAL criminal intent; some require
SPECIFIC criminal intent.
b. General criminal intent is the intention to commit the act. The existence of
the intent is presumed from the act. Such presumption is based on the ground that
a person is presumed to intend his voluntary acts, and their natural and probable
results. Examples of this are found in Article 120 (rape), Article 125 (sodomy),
Article 118 (2)(unpremeditated murder), and Article 126 (simple arson).
c. When a crime consists of doing an act with a specific intent, that intent
cannot be presumed from the act alone. It must be established and proven as are
other elements of the offense.
A requirement of specific intent must be clearly
indicated by the punitive article. Such a requirement is indicated by the use of
phrases as: "for the purpose of" (Article 115, malingering), "with intent to"
(Article 129, burglary), "premeditated design" (Article 118 (1) murder), willful
(Article 90, disobedience of superior officer), and "knowingly." The element of
specific intent is very hard to prove.
This is because it involves proof of a
state of mind. MPs must remember that seemingly unimportant facts may be essential
elements of proof of specific intent.
d. Not all crimes require some form of criminal intent. Examples of punishable
offenses which require no criminal intent may be found in the offense of carnal
knowledge (Article 120).
This article punishes all cases of sexual intercourse
with females under 16 years of age.
Consent on the part of the female is
immaterial.
Also, traffic violations are punishable without any element of
criminal intent.
PART B - USE OF THE MANUAL FOR COURTS-MARTIAL.
a. The Manual for Courts-Martial (MCM) cannot be effectively used unless one has
a basic knowledge of it.
The manual holds the complete Uniform Code of Military
Justice (UCMJ).
The rest of the manual contains discussion of the provisions of
the Code.
This discussion is a Presidential declaration, not a Congressional
enactment. It has the force of law unless there is a direct conflict between the
Manual and the UCMJ, Constitution, or Federal laws. If there is a conflict between
a provision of the Code and a manual statement, the provision of the UCMJ prevails.
The Manual's description of the UCMJ is most valuable.
In some cases, however,
statements in the Manual have been made obsolete by decisions later handed down by
the Court of Military Appeals.
b. The punitive articles. Articles 77 through 134 of the Uniform Code contain
the punitive articles. These specify the persons who will be considered parties to
crime. These articles also list those acts committed by military personnel which
will be punished under the Code.
(1) Military-type offenses.
The military-type offenses are those which have
always been punished by military authorities. This is due to the
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