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Sweatshop - Pure Drama
Political Fray
Trump’s insanity is getting worse. He’s calling for senior members of Government to be executed, because his feelings are hurt.
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<blockquote data-quote="Admin." data-source="post: 1407090" data-attributes="member: 1129"><p>The UNIFORM CODE OF MILITARY JUSTICE on illegal Orders</p><p></p><p></p><p>Under the UCMJ, a service member has a duty to disobey an unlawful order, as the obligation is to obey the Constitution and laws, not any specific person</p><p>. An order is considered unlawful if it is illegal, unconstitutional, or a command to commit a crime. Refusing to obey an order that is actually lawful is a violation of Article 92 of the UCMJ.</p><p></p><p></p><p>Conditions for disobeying an order</p><ul> <li data-xf-list-type="ul">The order must be unlawful: An order is unlawful if it violates the Constitution, U.S. laws, or is "patently illegal," such as one that directs the commission of a crime.</li> <li data-xf-list-type="ul">Duty to refuse: A service member not only has the right but the duty to refuse an unlawful order.</li> <li data-xf-list-type="ul">Oaths and the Constitution: The military oath is to the Constitution, which is above any individual commander.</li> <li data-xf-list-type="ul">Consequences of disobedience:<ul> <li data-xf-list-type="ul">Refusing a lawful order can lead to punishment, ranging from nonjudicial punishment to a court-martial.</li> <li data-xf-list-type="ul">Failing to refuse an unlawful order can also expose a service member to criminal liability.</li> </ul></li> </ul><p></p><p></p><p>How to determine if an order is unlawful</p><ul> <li data-xf-list-type="ul">The lawfulness of an order is ultimately a question of law to be determined by a military judge.</li> <li data-xf-list-type="ul">In many cases, the determination will be made after the fact, during court proceedings.</li> <li data-xf-list-type="ul">An order to commit a crime, such as murder or rape, is an example of a patently illegal order that must be refused.</li> <li data-xf-list-type="ul">Orders are considered lawful unless they are contrary to the Constitution, U.S. laws, or are beyond the authority of the official issuing them.</li> </ul><p></p><p>Important considerations</p><ul> <li data-xf-list-type="ul">A service member cannot refuse an order because it is simply inconvenient or goes against personal beliefs, such as conscience, religion, or philosophy.</li> <li data-xf-list-type="ul">An order is not considered unlawful simply because it is an order from a superior officer. The order must violate a higher law to be considered unlawful.</li> <li data-xf-list-type="ul">A service member who believes an order is unlawful should seek legal advice from a military lawyer.</li> </ul></blockquote><p></p>
[QUOTE="Admin., post: 1407090, member: 1129"] The UNIFORM CODE OF MILITARY JUSTICE on illegal Orders Under the UCMJ, a service member has a duty to disobey an unlawful order, as the obligation is to obey the Constitution and laws, not any specific person . An order is considered unlawful if it is illegal, unconstitutional, or a command to commit a crime. Refusing to obey an order that is actually lawful is a violation of Article 92 of the UCMJ. Conditions for disobeying an order [LIST] [*]The order must be unlawful: An order is unlawful if it violates the Constitution, U.S. laws, or is "patently illegal," such as one that directs the commission of a crime. [*]Duty to refuse: A service member not only has the right but the duty to refuse an unlawful order. [*]Oaths and the Constitution: The military oath is to the Constitution, which is above any individual commander. [*]Consequences of disobedience: [LIST] [*]Refusing a lawful order can lead to punishment, ranging from nonjudicial punishment to a court-martial. [*]Failing to refuse an unlawful order can also expose a service member to criminal liability. [/LIST] [/LIST] How to determine if an order is unlawful [LIST] [*]The lawfulness of an order is ultimately a question of law to be determined by a military judge. [*]In many cases, the determination will be made after the fact, during court proceedings. [*]An order to commit a crime, such as murder or rape, is an example of a patently illegal order that must be refused. [*]Orders are considered lawful unless they are contrary to the Constitution, U.S. laws, or are beyond the authority of the official issuing them. [/LIST] Important considerations [LIST] [*]A service member cannot refuse an order because it is simply inconvenient or goes against personal beliefs, such as conscience, religion, or philosophy. [*]An order is not considered unlawful simply because it is an order from a superior officer. The order must violate a higher law to be considered unlawful. [*]A service member who believes an order is unlawful should seek legal advice from a military lawyer. [/LIST] [/QUOTE]
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Home
Sweatshop - Pure Drama
Political Fray
Trump’s insanity is getting worse. He’s calling for senior members of Government to be executed, because his feelings are hurt.
