Article 80 of the Uniform Code of Military Justice (UCMJ) defines and penalizes attempted offenses within the military legal system. It establishes what constitutes an attempt to commit a crime, making such attempts punishable even if the intended offense was not fully carried out.
Understanding Attempted Offenses
An attempted offense, as defined under Article 80, is characterized as an act performed with a specific intent to commit an offense. This act must amount to more than just mere preparation; it must tend, even if ultimately failing, to effect the commission of the intended crime. This means that while the full crime doesn't need to be completed, significant steps toward its completion must have been taken.
Key Elements of an Attempt
To successfully prosecute an attempt under Article 80, the prosecution must prove certain elements beyond a reasonable doubt. These elements clarify the precise nature of the act and intent required:
| Element Number | Description |
|---|---|
| 1 | Overt Act: The accused must have performed a specific, identifiable overt act. This act demonstrates tangible progress towards committing the intended offense. |
| 2 | Specific Intent: The overt act must have been done with the specific intent to commit a particular offense under the UCMJ. Without this intent, the act is not an attempt. |
| 3 | More Than Mere Preparation: The act must go beyond simple planning or preparation. It needs to be a direct movement toward the commission of the crime, signifying that the accused was in the process of carrying out the offense. |
| 4 | Tendency to Effect Commission: Even if the crime ultimately fails, the act must have tended to bring about its commission. This means the act, if not interrupted, would logically lead to the completion of the intended offense. |
Practical Implications and Examples
Article 80 is crucial for military justice as it allows for intervention and punishment before full-blown crimes occur, reflecting the high standards of conduct expected within the armed forces.
- Example 1: Attempted Larceny
A service member is caught attempting to break into a supply room with tools, intending to steal equipment. Even if they are apprehended before entering or taking anything, their overt act (attempting to break in with tools) and specific intent (to steal) could lead to a charge under Article 80 for attempted larceny. - Example 2: Attempted Assault
During an argument, a service member raises a weapon and points it at another, intending to harm them, but is disarmed before firing. This action, demonstrating specific intent and an overt act beyond mere words, could constitute attempted assault.
Distinguishing Attempt from Preparation
The distinction between "mere preparation" and an "overt act" that tends to effect commission is critical in military law.
- Preparation involves planning, gathering tools, or discussing a crime. These acts, by themselves, are generally not enough for an attempt charge.
- An overt act takes the individual past the planning stage and into the realm of action directly aimed at completing the crime. For instance, buying a lock pick is preparation, but using it on a door to be picked is an overt act.
For more in-depth information regarding crimes and offenses under the UCMJ, including attempted offenses, refer to authoritative legal digests and resources such as the Armed Forces Courts Digest of Opinions.
