C3C Zach Maginnis Maj Brakel Law 220 29 October 2014 Take Home Midterm Questions 1. Each of the three airmen, Glen, Tom, and Jon are guilty of a multitude of offenses, outlined below. a. Glen, racking up the least amount of offenses due to his removal from the situation, is guilty of conspiracy to commit a kidnapping, and kidnapping. His conspiracy to commit the kidnapping occurred when he agreed with Jon that they should make the girls come party with them at the barn. His kidnapping offense occurred when he grabbed a girl against her will. These acts are punishable under Article 81 (Conspiracy) and Article 134 (General Article – Kidnapping) of the Uniform Code of Military Justice. Article 81 states that the accused entered in to an agreement …show more content…
Jon commits the most offenses in this scenario. He is guilty of kidnapping, robbery with a firearm, and felony murder. He committed the act of kidnapping when he grabbed a girl against her will. He committed robbery with a firearm when he stole the liquor and money from the liquor shop, using his rifle as a means to convince the clerk to cooperate. However, the clerk didn’t cooperate, and Jon fired his rifle into the clerk’s head, killing the clerk instantly. This act of homicide that was committed during a robbery causes Jon to be guilty of felony murder. These acts are punishable under Article 134 (General – Kidnapping), Article 122 (Robbery), and Article 118 (Homicide – Felony Murder) of the Uniform Code of Military Justice. Article 118 defines felony murder as an unlawful killing resulting from the accused while engaged in the act of …show more content…
Susie should be charged with violations of Article 80 (Attempts) Article 118 (Murder), Article 122 (Robbery), and Article 134 (General –Intent to Commit Murder, Discharging Firearm). Article 80 is the attempt to commit a crime, with the intention of carrying it out. Susie is guilty of the attempted murder in the second degree of Candy, which would be punishable under Article 118. Article 118 defines murder as the offense in between premeditation and acting in the heat of the moment. Susie had sufficient time to cool off, and therefore is not guilty of the lesser offense of attempted voluntary manslaughter. However, she also did not premeditate the killing of Candy, and is not guilty of attempting premeditated murder, but the lesser offense of murder. Article 122, as already states, defines robbery as taking something from someone against their will. Susie is guilty of this offense because she broke in to Tom’s van and took his gun. The general catch all article, Article 134, includes punishments for acting with the intent to commit murder, and discharging a firearm willfully under circumstances that endanger human life. Both of these acts fall under Susie aiming and firing her weapon at Candy. Even though the round struck Tom, the attempt and intent were still present, and the charges are valid. I recommend that Susie is charged with the following: attempted murder, punishable by up to life in prison with a total forfeiture of pay and dishonorable discharge under