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Index/Organizations/United States v. Calley

United States v. Calley

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2 results
Nov 25, 2025
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What are historical examples where servicemembers were prosecuted or acquitted for following orders later found unlawful?

Historical precedent shows that U.S. service members have both been prosecuted and, in other cases, acquitted or excused when they followed superior orders later judged unlawful; the key legal touchst...

Nov 26, 2025

How did the Calley rulings distinguish between manifestly unlawful orders and lawful military commands?

The Calley rulings applied a two-part test: an unlawful order can excuse a subordinate only if the accused did not actually know the order was unlawful and a “man of ordinary sense and understanding” ...

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