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?

2018-07-18T09:17:16-04:00

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.

Response by LTC Private RallyPoint Member made Jul 18 at 2018 9:32 AM

2018-07-18T09:32:16-04:00

Critical elements of information or the 5Ws would be a start here.

Response by SGT David A. 'Cowboy' Groth made Jul 18 at 2018 9:36 AM

2018-07-18T09:36:21-04:00

Interesting question sir, never heard of anyone committing any crimes that way.

Response by SFC Michael Hasbun made Jul 18 at 2018 5:08 PM

2018-07-18T17:08:25-04:00

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".

Response by LTJG Robert M. made Jul 18 at 2018 6:34 PM

2018-07-18T18:34:31-04:00

Response by LTJG Richard Bruce made Jul 18 at 2018 11:41 PM

2018-07-18T23:41:56-04:00

Assuming nothing changed since my early days in uniform, I attended classes on the UCMJ. Not every word was explained, but the powers to be placed the burden of learning the content upon each person.

Response by 1stSgt Nelson Kerr made Jul 19 at 2018 12:24 AM

2018-07-19T00:24:43-04:00

No chance in hell

Response by SGT Private RallyPoint Member made Jul 19 at 2018 1:47 AM

2018-07-19T01:47:49-04:00

You can try and plead ignorance of the law during your court martial but it isn't going to help, there is nothing in place to protect whistleblowers. Ignorance is not an excuse.