U.S. v. Roeseler, 55 M.J. 286

Core Criminal Law Subjects: Crimes: Article 80 - Attempts Pre-2019 offenses

1. attempted conspiracy to commit a crime under the Uniform Code of Military Justice is a military offense under Article 80, UCMJ
2. the offense of attempted conspiracy to murder fictitious persons did not require agreement or a shared intent among the expected conspirators with respect to the object of the alleged conspiracy; it was appellant’s belief or understanding that was critical to establish his guilt of this attempt offense
3. the military judge’s explanations of a charged conspiracy and a charged attempted conspiracy, taken together, were sufficient to inform appellant that conspiracy, unlike attempted conspiracy, required that the alleged conspirators actually share the same criminal intent or mental state
4. the defense of impossibility of the crime attempted or conspired is not a defense to a charge of attempt or conspiracy under military law; therefore, because the impossibility of the offenses is not a defense to either attempt or conspiracy, it is not a defense to the charge of attempted conspiracy
5. with respect to the offense of attempt under Article 80, an accused should be treated in accordance with the facts as he or she supposed them to be; "A person who purposely engages in conduct which would constitute an offense in the attendant circumstances were as that person believed them to be is guilty of an attempt" (para. 4c(3), Part IV, MCM, 1984)

Core Criminal Law Subjects: Crimes: Article 81 - Conspiracy Pre-2019 offenses

1. attempted conspiracy to commit a crime under the Uniform Code of Military Justice is a military offense under Article 80, UCMJ
2. the offense of attempted conspiracy to murder fictitious persons did not require agreement or a shared intent among the expected conspirators with respect to the object of the alleged conspiracy; it was appellant’s belief or understanding that was critical to establish his guilt of this attempt offense
3. the military judge’s explanations of a charged conspiracy and a charged attempted conspiracy, taken together, were sufficient to inform appellant that conspiracy, unlike attempted conspiracy, required that the alleged conspirators actually share the same criminal intent or mental state
4. the defense of impossibility of the crime attempted or conspired is not a defense to a charge of attempt or conspiracy under military law; therefore, because the impossibility of the offenses is not a defense to either attempt or conspiracy, it is not a defense to the charge of attempted conspiracy

Core Criminal Law Subjects: Defenses: Impossibility

1. the defense of impossibility of the crime attempted or conspired is not a defense to a charge of attempt or conspiracy under military law; therefore, because the impossibility of the offenses is not a defense to either attempt or conspiracy, it is not a defense to the charge of attempted conspiracy

Trial Stages: Merits: Guilty Pleas

1. guilty pleas in the military justice system must be both voluntary and intelligent, and the military judge is tasked with ensuring that the military accused understands the nature of the offenses to which guilty pleas are accepted; however, some leeway must be afforded the trial judge concerning the exercise of his judicial responsibility to explain a criminal offense to an accused servicemember
2. the military judge’s explanations of a charged conspiracy and a charged attempted conspiracy, taken together, were sufficient to inform appellant that conspiracy, unlike attempted conspiracy, required that the alleged conspirators actually share the same criminal intent or mental state