Jonah Patel
In the military, obedience to lawful orders is fundamental to maintaining discipline and order. A military order is a binding instruction given by a senior rank to a junior rank. A lawful order must be reasonably specific, not conflict with statutory or constitutional rights, and must pertain to military duty. It is a serious offense to fail to obey lawful orders under military law, specifically encapsulated within Article 90 and 92 of the Uniform Code of Military Justice (UCMJ). Understanding what constitutes a lawful order is crucial for compliance and discipline. The Manual for Courts-Martial provides guidance on interpreting the UCMJ, stating that soldiers can defend themselves against charges if they were acting under orders unless they knew or should have known the orders were unlawful.
| Characteristics | Values |
|---|---|
| Classification | Title 10, Title 32, and State Active Duty (SAD) |
| Binding instruction | Given by a senior rank to a junior rank |
| Lawful command | Not contrary to law, regulations, or a service member's rights |
| Obedience | Mandatory, with severe consequences for disobedience |
| Purpose | Accomplish a military mission, safeguard morale, discipline, and usefulness of unit members |
| Specificity | Reasonably specific, clear, and precise |
| Relation to military duty | Must relate to military duty, including activities necessary to accomplish a mission |
| Rights | Must not conflict with statutory or constitutional rights |
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What You'll Learn
Lawful orders and the UCMJ
Obedience to lawful orders is fundamental to maintaining discipline and order in the military. Articles 90 and 92 of the Uniform Code of Military Justice (UCMJ) specifically address obeying lawful orders and the consequences of failing to do so. Article 90 of the UCMJ makes it a crime for service members to disobey a lawful command from a superior commissioned officer willfully. A lawful command is an order that does not contradict the law, regulations, or a service member's rights.
Article 92 covers a broader spectrum of disobedience, making it a crime to fail to obey any lawful general order, any lawful order given by a member of the armed forces, or to be derelict in performing duties. Dereliction of duty occurs when soldiers are unable or unwilling to perform the job assigned to them. This can include shirking duty, self-incapacitation leading to an inability to perform one's duty, or performing a job so poorly that others are injured or killed.
To be considered lawful, an order must meet certain criteria. It must relate to military duty and not conflict with the statutory or constitutional rights of the person receiving the order. It must be reasonably specific and precise, and it must have a valid military purpose. This includes activities necessary to accomplish a military mission or safeguard or promote the morale, discipline, and usefulness of unit members.
While orders from superiors are presumed to be lawful, there are situations where disobedience to an order may be justified. If an order is unlawful or contrary to the Constitution, service members may have a duty to disobey. In the case of United States v. Stockman, it was established that the dictates of one's conscience, religion, or personal philosophy cannot excuse disobedience. However, in another case, United States v. Moore, it was determined that an order must be presumed lawful if it has a valid military purpose and is clear and narrowly drawn.
The consequences of violating Articles 90 and 92 of the UCMJ can be severe and include judicial and non-judicial punishments. A conviction can result in a federal felony and a dishonorable discharge, which carries long-term consequences such as the loss of military benefits and difficulty finding civilian employment. Given the serious repercussions, it is crucial for accused service members to seek experienced legal counsel to navigate the complexities of the UCMJ and mount an effective defense.
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Types of orders: Title 10, Title 32, SAD
In the US military, there are three types of orders: Title 10, Title 32, and State Active Duty (SAD). These orders outline the different duties and deployments associated with each type of order and determine who's in charge, who provides funding, and what benefits service members are entitled to receive.
State Active Duty (SAD) orders, also known as State Call Up, are generally issued in response to state-level disasters. When activated under SAD orders, service members may be granted the ability to act in a law enforcement capacity, which is prohibited under Title 10 orders unless authorized by Congress. SAD orders are subject to state statutes, and guardsmen serving under these orders do not have access to the same benefits as those serving under Title 10 or Title 32 orders, such as federal disability compensation and federal retirement benefits.
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Orders from superiors
A superior's order is generally presumed to be lawful and must be obeyed, unless it conflicts with statutory or constitutional rights or lacks a valid military purpose. According to the Uniform Code of Military Justice (UCMJ), a service member's failure to obey a lawful order can result in severe consequences, as outlined in Articles 90 and 92. Article 90 specifically addresses the willful disobedience of a lawful command from a superior commissioned officer, while Article 92 covers a broader range of disobedience, including the failure to obey general orders, regulations, or any lawful order given by a member of the armed forces.
The Manual for Courts-Martial provides additional guidance, stating that obeying orders is a defense against any offense unless the orders were known to be unlawful or if a person of ordinary sense would have recognized their unlawfulness. This nuance is crucial, as not every case is clear-cut, and soldiers in combat must often make rapid decisions without the luxury of deliberation. For example, in the case of United States v. Moore, an order is presumed lawful if it has a valid military purpose and is clear, precise, and narrowly defined.
The consequences of disobeying a lawful order can be significant, impacting both a service member's military career and personal life. Disciplinary actions for violating Article 90 or 92 can include non-judicial punishment, administrative separation, or court-martial proceedings. A conviction under these articles can result in a federal felony charge, leading to long-term repercussions such as a dishonorable discharge and difficulty finding civilian employment. Therefore, it is essential for service members to understand the implications of disobeying lawful orders and to seek legal counsel if accused of such offenses.
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Consequences of disobedience
Obedience to lawful orders is a cornerstone of military discipline and effectiveness. Violating Articles 90 and 92 of the Uniform Code of Military Justice (UCMJ) can lead to severe judicial and non-judicial punishments, as well as long-term collateral consequences.
Article 90 of the UCMJ makes it a crime for service members to disobey a lawful command of a superior commissioned officer willfully. A conviction under Article 90 can be classified as a federal felony, resulting in a dishonorable discharge and the loss of military benefits. It can also severely impact a veteran’s ability to find civilian employment.
Article 92 of the UCMJ covers a broader spectrum of disobedience, criminalizing the failure to obey any lawful general order, regulation, or command. This includes violating a general order or regulation, such as disobeying any regulation or order provided by the Department of Defense or an individual service. Punishments for violating Article 92 can include forfeiture of pay and allowances, confinement for up to six months, and a bad conduct discharge.
In addition to these formal consequences, disobedience can also result in mission failure or compromised team safety. It can also jeopardize a service member's military career and future opportunities.
It is important to note that a military order must be lawful for a service member to be compelled to follow it. Orders that violate established laws, regulations, or the UCMJ are not binding. Service members can raise a defense if they can prove that the order they are accused of disobeying was unlawful or infringed on their personal rights. Inability to comply due to physical or psychological limitations can also be a defense.
The tension between following orders and upholding the law can be complex, as in the case of 2nd Lt. William "Rusty" Calley, who was convicted of murdering hundreds of civilians in My Lai, Vietnam, following the orders of his commander. Calley was unable to defend himself by arguing that he was following orders, as his first obligation was to obey the law, which prohibits the deliberate killing of unarmed civilians.
In summary, the consequences of disobedience in the military can range from formal punishments and loss of benefits to mission failure and a negative impact on career prospects. Service members must navigate the complex landscape of lawful orders and their obligations to follow them, with the understanding that disobeying lawful orders can result in significant repercussions.
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Legal counsel and defence
In the military, obedience to lawful orders is fundamental to maintaining discipline and order. However, the tension between following orders and upholding the law can sometimes be complex and challenging. When accused of violating a lawful order, service members must understand their legal rights and defence strategies.
The Uniform Code of Military Justice (UCMJ) outlines the legal framework governing the military. Articles 90 and 92 of the UCMJ specifically address the consequences of disobeying lawful orders. Article 90 criminalises the willful disobedience of a superior commissioned officer's lawful command. On the other hand, Article 92 covers a broader range of disobedience, including failing to obey general orders, regulations, or any member of the armed forces' lawful orders.
When facing allegations of violating Articles 90 or 92, service members should seek experienced legal counsel immediately. A military defence lawyer can navigate the complexities of the UCMJ and provide a robust defence strategy. Early legal intervention can often lead to favourable outcomes and may even prevent formal charges.
Defence lawyers can scrutinise the validity of the order, ensuring it aligns with military purposes and does not infringe on personal rights. In dereliction of duty cases, the key question is whether the accused had knowledge of their particular duty. Ineptitude or lack of understanding can be a defence strategy. Additionally, factors such as the clarity of the order and the circumstances surrounding its delivery are critical considerations in building a defence.
Service members should diligently document any instances of confusion or misunderstanding regarding orders. This documentation can be crucial evidence in their defence. It is also essential to remember that not every failure to follow an order constitutes a violation of Article 92. Understanding the legal context and potential repercussions of disobedience is vital for service members' careers and maintaining military discipline.
In conclusion, when facing allegations of disobeying lawful orders, seeking timely legal counsel is imperative for service members. Knowledgeable defence lawyers can guide them through the complex military justice system, protect their rights, and work to mitigate any potential long-term consequences on their careers and lives.
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Frequently asked questions
A formal order in the military is a binding instruction given by a senior rank to a junior rank. The order must pertain to military duty and not conflict with statutory or constitutional rights.
Violating a lawful order can lead to severe judicial and non-judicial punishments, including a federal felony conviction, dishonourable discharge, reduction in rank, loss of pay, and extra duties.
A lawful order must be reasonably specific, not conflict with statutory or constitutional rights, and must pertain to military duty. It must also have a valid military purpose and be a clear, precise mandate.
