CORE CRIMINAL LAW SUBJECTS: Defenses: Justification
1999
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)).