(c) Crimes and
Offenses Not Capital. This includes those acts or omissions
not made punishable by
another article. These are those acts denounced as offenses
either by enactments
of Congress or under authority of Congress (Assimilative
Crimes Act). They are
triable in the Federal civil courts.
(d) Lesser-Included Offenses--Articles 79. A lesser-included offense is a
crime less serious than the offense charged.
For example, robbery by force and
violence INCLUDES the lesser offenses of both larceny and assault.
It is then
possible that a court-martial may find an accused NOT GUILTY of robbery, but they
may find him GUILTY of the lesser-included offenses of larceny and assault.
A
lesser-included offense is NOT contained within the offense charged, if the former
requires elements of proof not needed to prove the offense charged.
PART C - REPORTING INCIDENTS.
a. MPI units are mostly fact-reporting agencies.
They are charged with the
responsibility to investigate offenses. They must then report the results to the
appropriate authorities. Reports rendered by MPIs are of interest to commanders at
all levels.
This is because the reports keep them informed of the discipline
within their commands.
b. Persons responsible for the
preparation
and
review
of
MP
reports
must
remember the following basic facts:
(1) The report is an item of military correspondence.
As such, it must be
grammatically correct and completed in the proper format.
(2) The report
should
state
the
facts
and
evidence
obtained
during
the
investigation.
PART D - MILITARY POLICE REPORT (DA FORM 3975), GENERAL.
a. The MP report is the basic form used to record information about
complainants.
Also, the form is used to record incidents seen by or reported by
the MPs.
It also notes the action taken by the MPs.
The form also serves to
inform the commander concerned of incidents involving personnel of his command.
b. The purpose of the report is to provide:
(1) An MP record
of
information
or
complaints
and
the
case
or
report
developing therefrom.
(2) Statistical data for analysis and review.
(3) Information for unit commanders and civilian supervisors.
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