Recent Developments in Substantive Criminal Law : Broadening Crimes and Limiting Convictions

The decisions of the Court of Appeals for the Armed Forces (CAAF) during the 2001 term reflect two intriguing trends. This article analyzes both trends in detail. First, the CAAF indicated a willingness to expand the government's ability to characterize conduct as criminal by broadening the reach of many offenses and by narrowing a number of defenses. In a competing trend, the CAAF signaled its growing dislike for overcharging. While supporting the use of the criminal justice system to proscibe misconduct, the court showed a distinct reluctance to allow the government to pile on convictions. The CAAF appears ready to combat criminality by expanding the reach of criminal statutes, while striving for simplicity and reasonableness by strictly limiting the government to one conviction for each act of misconduct