CORE CRIMINAL LAW SUBJECTS: Defenses: Justification


United States v. Rockwood, 52 MJ 98 (in the absence of any legal authority suggesting that appellant had a legal “duty” to abandon his post and strike out on his own to inspect a Haitian penitentiary, or to commit other offenses, the military judge did not err in declining to give a “justification” instruction which would provide a defense for a “death, injury, or other act caused or done in the proper performance of a legal duty.”  See RCM 916(c)).

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