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In the army I knew a guy who did something so dumb a new regulation was added to the army regulations around UCMJ or what could be prosecuted. I have long forgo
by le-mark 2y ago
In the army I knew a guy who did something so dumb a new regulation was added to the army regulations around UCMJ or what could be prosecuted. I have long forgotten the number unfortunately. But the point is that no statute or regulation can ever specify every eventuality and it’s folly to think it can be done.
Edit the case was a soldier (the guy) had orders to attend a school, went awol enroute. He was not reported awol, the destination nor origin commands knew what happened. He got a guilty conscience and came back to originating command. The reg was about who was required to report the awol. Since the awol was never reported he couldn’t be prosecuted.
- BostonFern 2y agoAs the comment you’re replying to explains, statutes don’t have to define every eventuality. As before, ambiguities are resolved as they come up. Now it’s just the courts who decide them instead of agency officials.
- dclowd9901 2y agoBy the courts. Since we can never cover every eventuality, that effectively makes courts de factor regulators. Notably, the group of politicians who’s appointed the members of the court who voted this way stand the most to gain from it. I think that fact can’t be ignored.