Posted on Jul 18, 2018
Is pleading ignorance of the law in the military a good excuse after committing a uniformed service member to a MHE or EMHE in reprisal?
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Ignorance of the law is an excuse used to avoid liability and punishment after committing an offense or a crime. Generally, jurisprudence stipulates that ignorance of the law is no excuse. However, the military uses ignorance of the law to protect errant leaders in whistleblower cases.
Law
Mental Health
Commanders
Posted >1 y ago
Responses: 7
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Interesting question sir, never heard of anyone committing any crimes that way.
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CPT Gurinder (Gene) Rana
We are taught to believe our leaders, yet our leaders are not always above reproach Cowboy.
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CPT Gurinder (Gene) Rana
XO told doctors in October that a junior officer may be psychotic or manic for submitting an IG complaint, which was submitted in February that same year. It was a Friday morning when the XO suggested. Late that evening the CO committed that junior officer to an EMHE based on the same suggestion made by the XO earlier that day. In January the following year the CO pleaded ignorance of the law at an inquiry by the IG Sir.
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LTC (Join to see)
CPT Gurinder (Gene) Rana - There are still too many facts not presented here. I can see where an XO may have concerns for a fellow officer and makes a recommendation to the commander. I don't see an issue there or crime. // Your last remark is not clear. The CO pleaded ignorance to what law?
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CPT Gurinder (Gene) Rana
The IG claims that it sat an inquiry to question the CO about the EMHE he committed the junior to in October the previous year and that the CO pleaded ignorance of the law.
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LTC (Join to see)
CPT Gurinder (Gene) Rana - Let me attempt to summarize: A platoon leader submitted an IG complaint, as a reprisal the CO sent the officer in for a mental health checkup which was recommended by the XO. Is that what you are stating?
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Ignorantia juris non excusa or ignorantia legis neminem excusa (Latin for "ignorance of the law excuses not" and "ignorance of law excuses no one" respectively) is a legal principle holding that a person who is unaware of a law may not escape liability for violating that law merely because one was unaware of its content.
There is a reason why may legal books begin with the quotation "ignorance of the law is no excuse, not because every man knows the law, but because tis an excuse every man will claim".
There is a reason why may legal books begin with the quotation "ignorance of the law is no excuse, not because every man knows the law, but because tis an excuse every man will claim".
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