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- Title
CLEAN HANDS AND STRICT LIABILITY: CLARIFYING THE MENS REA STANDARD WHEN PROSECUTING SERVICEMEMBERS FOR ERRORS IN MILITARY PAY.
- Authors
Little, Ryan A.
- Abstract
The article recommends the revising the U.S. Manual for Courts-Martial to clarify the circumstances under which overpayment cases should be treated as criminal larceny versus mere civil debt collection actions. Topics discussed include the U.S. Supreme Court's decision in the case "U.S. v. Dean," and "U.S. v. Helms;" strict liability for offenses with minor penalties such as traffic violations; and ways in which court-martial lacks the authority to order a service member to repay a debt.
- Subjects
UNITED States; COURTS-martial &; courts of inquiry; CRIMINAL courts; TRIALS (Military offenses); CHARGES &; specifications (Courts-martial); MILITARY crimes
- Publication
Kansas Journal of Law & Public Policy, 2016, Vol 26, Issue 1, p105
- ISSN
1055-8942
- Publication type
Article