![]() ![]() Īs a threshold matter, the regulation must apply to the accused and prohibit the conduct that the accused is alleged to have performed. In many cases, the order or regulation is intended to provide guidance. ![]() The regulation should specifically state that it is punitive. Counsel should note that the specification may be defective if it fails to specify the proper regulation or that the order is a general order. Counsel should also be careful to investigate whether any exceptions to the order or regulation exist. Where the case involves violations of other lawful orders, a person with a status that imposes on the accused a duty to obey the order must have given the order. In that regard, the person giving the order need not necessarily be superior in rank. The key in these cases is sometimes attacking the knowledge element of the order. Cross-examination of government witnesses should frequently focus on the specificity of the order. Nonetheless, counsel may attach whether the order had a valid military purpose. That is, all activities reasonably necessary to accomplish a military mission. ![]()
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