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The information on Groklaw is not intended to constitute legal advice. While Mark is a lawyer and he has asked other lawyers and law students to contribute articles, all of these articles are offered to help educate, not to provide specific legal advice. They are not your lawyers.

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Following unlawful orders no defense | 112 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
Following orders no defense
Authored by: Anonymous on Tuesday, October 02 2012 @ 12:01 PM EDT
"But you can't expect people to think for themselves, can you?"

Agreed on "just following orders" shouldn't be a defence, but what do
you then do about all the soldiers who have committed murder?

Though that would be a rather amusing trial. The president of the USA up for
"conspiricy to commit murder". Shame it's less liekly than the
"war crimes" one though. (I've never really understood that term, all
war is is a bunch of murder and theft wrapped up in patriotism)

[ Reply to This | Parent | # ]

Following orders no defense
Authored by: JamesK on Tuesday, October 02 2012 @ 12:10 PM EDT
Another example of this is what happened during the 2010 G20 summit in Toronto.
The police committed a variety of illegal actions against people because a
superior misapplied a law from back in the WW2 days that was intended to stop
saboteurs. Large numbers were locked up or detained, along with some violence.
On the other hand, while most of the protestors were peaceful, there were a
small number of those who were there simply to commit violence.

---
The following program contains immature subject matter. Viewer discretion is
advised.

[ Reply to This | Parent | # ]

Following unlawful orders no defense
Authored by: hardmath on Tuesday, October 02 2012 @ 02:17 PM EDT

The Nuremberg trials upheld the notion that soldiers have an obligation to discern lawful from unlawful orders, and that the unlawful order does not excuse an unlawful act.

The application of military legal principles to a police action is not without some jeopardy, but note that the settlement followed a finding by the Yolo County District Attorney that no law had been broken by the pepper-spraying officers.

The settlement is therefore best understood as avoiding the risk of a civil lawsuit. Liability for abusing discretion on the part of government officials is often limited and imposed only on a finding of willful or reckless disregard of potential harm. However the University itself might have been at risk of substantial costs as well as ultimate liability that involved officers avoided.

---
"If FISA should ask, I was never here." Anonymous

[ Reply to This | Parent | # ]

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