The complicated history of determining lesser included offenses (LIOs) under the Uniform Code of Military Justice (UCMJ) gained a new chapter with the Military Justice Act of 2016 (MJA 2016). While MJA 2016 simplified and clarified certain areas of military justice, it has only muddied the waters regarding LIO identification. Prior to MJA 2016, determining the LIO of a given punitive article under the UCMJ required performing a strict elements test from United States v. Jones; this test often proved challenging to counsel and judges alike. Confusion over LIOs was particularly common when it came to the relationships between the various rape and sex offenses, and determining which LIOs they implicated.
MAJ Andrew M. Lewis, The Lego Test for Lesser Included Offenses: MJA 2016 Provides Something New and Painful to Stumble Over. Army Lawyer, No. 6, 2021.
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