...The reason for this Rbi is to inform the reader of accountability, the duties of NCO's, and failure to report. Websters dictionary describes accountability as “the state of being accountable, liable, or answerable” and the DOD describes it as “The obligation imposed by law or lawful order or regulation on an officer or other person for keeping accurate record of property, documents, or funds. The person having this obligation may or may not have actual possession of the property, documents, or funds. Accountability is concerned primarily with records, while responsibility is concerned primarily with custody, care, and safekeeping” and responsibility as “the state or fact of being responsible” respectability. While some actions may be responsible, you are always held accountable for the outcome of such. Accountability can also be described as being dependable. By being dependable, soldiers arrive to work and appointments on time, meet deadlines, arrive at the right place at the right time, and always do the right thing at the right time. Morning formation is the most important formation of the day. It is vital to maintain accountability of everyone and to put out any pertinent information that is necessary to soldiers. Without accountability formation, it would be difficult for the command to fully brief soldiers about the days activities or important information. Accountability makes responsibility meaningful and completes the process of delegation. Responsibility is...
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...Donald Fletcher bravo company 302d bsb Camp Casey Korea why is it important to follow orders Donald Fletcher bravo company 302d bsb Camp Casey Korea why is it important to follow orders There are many reasons why a soldier should follow all of the orders they are given because every one of them is important in any circumstance. An order is a task given to a soldier that has to be done in a certain period of time in an efficient manner. There are three main reasons of why it’s important for a soldier to follow the orders they are given: To be disciplined, an effective combat, and be a good soldier and love your job. When a soldier doesn’t follow the orders they were given it doesn’t only affect them it affects everyone in the team and the goals they have set for the mission. When soldiers don’t follow the orders, the objectives are hurt and the chances of winning the war. When you’re in the army you need to stop and think if it will harm you or your battle buddies. When a soldier doesn’t follow orders while in combat zone it makes the mission ineffective, if a single soldier in the unit is combat ineffective it lowers the chances of winning, making the leaders deal with a soldier that can’t handle the workload of the unit. For example if Sergeant tells a private to prepare the guns before they go out for the mission the sergeant is telling the private to get the guns ready so they can be fully functional and help out when its needed in the fight. It doesn’t matter if...
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...A person’s reasoning for performing actions and obeying orders is not usually based on one factor but many. Obedience has been a subject of experimentation and question for much of history and modern times, is no different. A person’s seemingly inherent willingness to obey orders even when they go against the person’s own ethics is affected by the person’s own inherent tendencies, the environment in which they act, and their relationship with the superior. A person starts obeying orders the day they are born. A person, right away, is told what to do by their parents who they trust. Obedience is instantly instilled in a person, whether it is between them and their parent, their teacher, etc. “For a significant part of an individual’s life,...
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...guilty of violating this article if they, through any means that can be prevented, disobey any order given by a superior, as long as that order is not itself illegal. Let us break that down into more easily-digested terms. Any person in the Armed Forces. That means, anyone who is currently (currently being at the time of the infraction) serving in any component of the Armed Forces. That means active duty, ready reserve, inactive reserve, training, DEP, shipboard, shore, infantry, deployed, on notification for deployment, or even when attached to a civilian job and not wearing a uniform. Any person who fits those criteria is eligible, regardless of rank, duties, time in the service, time remaining until retirement, or history of conduct (either good or bad). -Through any means that can be prevented. If the service member has any reasonable way to prevent the disobeyal of that order, and failed to, they are guilty. Unpreventable lapses are generally excusable, unless the reason it was unpreventable was the fault of the service member. Example: Order is given to belay a line and you go to your bunk instead: Culpable. Order is given to belay a line and the pylon breaks: Not culpable, unless something you did led to the pylon breaking. -As long as the order itself is not illegal. Any order that, if carried out, would result in a disobeyal of any of the other UCMJ articles, is illegal. Any order that the superior does not have the authority to give, is illegal. Example: Telling...
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...Conformity and Obedience Conformity: Conformity is a type of social influence or compliance in belief or behaviour in order to fit in or it could be known as behaviour in accordance with socially accepted conventions (also known as social norms) which could be standards or regulations within the public services such as dress regulations within the armed forces or the police. Compliance means the act of conforming or obeying an order or request and compliance with common practices is conforming to a common or reoccurring act, an example of this is when a recruit within the armed forces sees other soldiers saluting officers or standing in attention and this act keeps occurring the recruit would soon comply with those common practices. Social norms are what seem normal in a group or society, this could be acts or beliefs. Most people comply with social norms so that they do not feel an outcast within their group and to not seem abnormal within the group. An example of this could be that a group of friends seem to think it is normal to bully people, one of the members may see this as a terrible act but to not feel an outcast like the bully victim, the person complies with the social norm and starts to bully with the rest of the group. Self-esteem is how an individual may see their own worth and how much self-respect and confidence that person has towards themselves, a person’s background or upbringing may have an effect on their self-esteem. Someone who has a low self-esteem...
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...Opposition to certain believes, rules and difference of opinion, is common; however, in some cases it creates rebellious behavior from certain individuals. When an individual take a stand against an event she or he does not agree with, that is a form of rebellious. Rebellious is not an option for those who have committed to defend our country. It is unfortunate; nonetheless, regardless of the education and training we as Military member receive, rebellious behavior continues to be a common threat to our own security in some cases. As members of the United States Military we have taken an oath in which states that “I will obey the order of the United States and orders of the officers appointed over me” (n.d.). Retrieved December 11, 2017, from...
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...Insubordination When an employee willfully disobeys a supervisor's lawful orders, this indicates insubordination. Insubordination is also defined as a continuing or constant intentional refusal to obey an implied or direct order that is reasonable in nature and issued by someone in authority. The grounds for dismissal, Depending on the insubordination's severity and the number of times it's occurred, it may or may not be a dischargeable offense. Often, insubordination may be the result of inexperience or bad judgment that can be remedied with a quick word. When it's chronic and willful, it's a different matter entirely; another cause for dismissal due to insubordination is the refusal to perform a manager's direct order, Verbal abuse, such as the use of profanity and insults may or may not be grounds for dismissal. (The Society for Human Resources Management states that managers should consider the context in which the language was used.) If an employee physically assaults or intimidates a manager or other superior in the workplace, that is grounds for immediate dismissal, according to Boston.com Professionalism Professionalism is defined as one's conduct at work and the level of excellence or competence that is expected of a professional. For instants one can show professionalism by not air one’s personal life all over the work place and not lying about someone or a situation. It is inevitable that you will occasionally have disagreements with your co-workers or even...
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...------------------------------------------------- Superior orders From Wikipedia, the free encyclopedia (Redirected from Superior Orders) Superior orders, often known as the Nuremberg defense, lawful orders or by the German phrase "Befehl ist Befehl" ("orders are orders"), is a plea in a court of law that a person, whether a member of the armed forces or a civilian, not be held guilty for actions which were ordered by a superior officer or a public official.[1] The superior orders plea is often regarded as the complement to command responsibility.[2] One of the most noted uses of this plea, or "defense," was by the accused in the 1945–46 Nuremberg Trials, such that it is also called the "Nuremberg defense". The Nuremberg Trials were a series of military tribunals, held by the main victorious Allied forces after World War II, most notable for the prosecution of prominent members of the political, military, and economic leadership of the defeated Nazi Germany. It was during these trials, under the London Charter of the International Military Tribunal which set them up, that the defense of superior orders was no longer considered enough to escape punishment; but merely enough to lessen punishment.[3] Historically, the plea of superior orders has been used both before and after the Nuremberg Trials, with a notable lack of consistency in various rulings. Apart from the specific plea of Superior Orders, discussions about how the general concept of superior orders ought to be used, or ought not to be...
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...In this assignment, the referencing system used is the Harvard Referencing System. The whole report is segmented into three sections and is addressed in order of the suggested format. Section 1 In the first section, the legal issue that can be raised is whether Roxanne can be recognised as an employee at common law. At this day and age, determining the distinction at common law between an employee and a self employed independent contractor can be an issue. In the context of Australia, I have decided to use the multi-factor test because it branches across a number of aspects covered in the other tests by considering a wider range of factors such as a case by case approach (Van der Waarden 2010). One of the relevant factors that contribute to distinguishing between an employee and an independent contractor is the mode of remuneration showed by the employers of the company towards the worker as seen in the case of Building Workers Industrial Union of Australia v Odco Pty Ltd (Trouble Shooters case) 37 IR 380. If the person is an employee, the employer is required to deduct income tax from salary and wages and that normally there is no obligation to deduct income taxation from payments to independent contractors (Sappideen et al 2009). Apart from these, factors that help distinguish an employee from an independent contractor are if the place and hours of work are at the discretion of the worker, if there is a deduction in income tax from the earnings of the worker, if the worker...
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...877. ARTICLE 77. PRINCIPALS Any person punishable under this chapter who-- (1) commits an offense punishable by this chapter, or aids, abets, counsels, commands, or procures its commission or (2) causes an act to be done which if directly performed by him would be punishable by this chapter, is a principal. 878. ARTICLE 78. ACCESSORY AFTER THE FACT Any person subject to this chapter who, knowing that an offense punishable by this chapter has been committed, receives, comforts, or assists the offender in order to hinder or prevent his apprehension, trial, or punishment shall be punished as a court-martial may direct. 879. ARTICLE 79. CONVICTION OF LESSER OFFENSE An accused may be found guilty of an offense necessarily included in the offense charged or of an attempt to commit either the offense charged or an offense necessarily included therein. 880. ARTICLE 80. ATTEMPTS (a) An act, done with specific intent to commit an offense under this chapter, amounting to more than mere preparation and tending, even though failing, to effect its commission, is an attempt to commit that offense. (b) Any person subject to this chapter who attempts to commit any offense punishable by this chapter shall be punished as a court-martial may direct, unless otherwise specifically prescribed. (c) Any person subject to this chapter may be convicted of an attempt to commit an offense although it appears on the trial that the offense was consummated. 881. ARTICLE 81. CONSPIRACY Any person subject to this...
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...Conformity, Obedience and Authority Discipline within the Uniformed Public Services is very important; they have responsibilities to the public concerning their safety and well-being within society. Discipline is used in all sectors of the Public Services; this means that they are more likely to do what is required of them even if they disagree with what they’ve been asked to do. However, it can always be written in the report afterwards so it is made clear to those in the higher ranks who may read it. Discipline ensures that all Uniformed Public Services and the public are not put in unnecessary danger. The need and role of discipline within the Police In the police the role of discipline is essential. This is because should Members of the police wish to abuse his or her power, they can’t do so as easily as there are consequences that have been put into place to reduce it happening. For example, if a police offer pulled someone to the side and requested to search them, the individual has the right to request a reason for the search. The officer would need to have a good reason. Good reasons may be the individual looks like a suspect pending investigation or they have a strong reason to believe that the individual is carrying illegal substances on their person. This is a very good thing because the police used to be able to stop anyone without giving reasons. During 2010 and 2011 in England the number of stop and searches that then lead to arrests was over 60020 individuals...
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...1/29/2015 CHIU LUEN PUBLIC LIGHT BUS CO LTD v. PERSONS UNLAWFULLY OCCUPYING OR REMAINING ON THE PUBLIC HIGHWAY NAMELY, TH… Home | Databases | WorldLII | Search | Feedback Court of First Instance You are here: HKLII >> Databases >> Court of First Instance >> 2014 >> [2014] HKCFI 1891 Database Search | Name Search | Recent Decisions | Noteup | LawCite | MS Word Format | Context | No Context | Help CHIU LUEN PUBLIC LIGHT BUS CO LTD v. PERSONS UNLAWFULLY OCCUPYING OR REMAINING ON THE PUBLIC HIGHWAY NAMELY, THE WESTBOUND CARRIAGEWAY OF ARGYLE STREET BETWEEN THE JUNCTION OF TUNG CHOI STREET AND PORTLAND STREET AND/OR OTHER PERSONS HINDERING OR PREVENTING THE PASSING OR REPASSING OF ARGYLE STREET [2014] HKCFI 1891; HCA 2086/2014 (20 October 2014) HCA 2086/2014 IN THE HIGH COURT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION COURT OF FIRST INSTANCE ACTION NO 2086 OF 2014 _______________ BETWEEN CHIU LUEN PUBLIC LIGHT BUS COMPANY LIMITED (潮聯公共小型巴士有限公司) and PERSONS UNLAWFULLY OCCUPYING OR REMAINING ON THE PUBLIC HIGHWAY NAMELY, THE WESTBOUND CARRIAGEWAY OF ARGYLE STREET BETWEEN THE JUNCTION OF TUNG CHOI STREET AND PORTLAND STREET AND/OR OTHER PERSONS HINDERING OR PREVENTING THE PASSING OR http://www.hklii.hk/cgibin/sinodisp/eng/hk/cases/hkcfi/2014/1891.html?stem=&synonyms=&query=taxi%20drivers%20occupy Plaintiff Defendant 1/10 1/29/2015 CHIU LUEN PUBLIC LIGHT BUS CO LTD v. PERSONS UNLAWFULLY OCCUPYING OR REMAINING ON THE PUBLIC HIGHWAY NAMELY, TH… REPASSING OF ARGYLE STREET...
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...Tort Law – Trespass to Land Tort Law - Definition A body of rights, obligations, and remedies that is applied by courts in civil proceedings to provide relief for persons who have suffered harm from the wrongful acts of others. The person who sustains injury or suffers pecuniary damage as the result of tortious conduct is known as the plaintiff, and the person who is responsible for inflicting the injury and incurs liability for the damage is known as the defendant or tortfeasor. Trespass to Land –Definition In modern law the word trespass is used most commonly to describe the intentional and wrongful invasion of another's real property. An action for trespass can be maintained by the owner or anyone else who has a lawful right to occupy the real property, such as the owner of an apartment building, a tenant, or a member of the tenant's family. The action can be maintained against anyone who interferes with the right of ownership or possession, whether the invasion is by a person or by something that a person has set in motion. For example, a hunter who enters fields where hunting is forbidden is a trespasser, and so is a company that throws rocks onto neighboring land when it is blasting. Every unlawful entry onto another's property is trespass, even if no harm is done to the property. A person who has a right to come onto the land may become a trespasser by committing wrongful acts after entry. For example, a mail carrier has a privilege to walk up the sidewalk...
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...Military Orders 1 To Obey or Not to Obey: Unethical Military Orders Richard Cuoco SOC 120 : Introduction to Ethics and Social Responsibility Instructor : Stacey Hiles February 27th 2012 Military Orders 2 In a military environment following orders is essentially the top priority. Insubordination is generally defined as a willful or intentional failure to obey a lawful and reasonable request of a supervisor.1 Following orders shows that the organization is well structured and disciplined. Sometimes though an order comes down from above that you may feel is not ethical or it goes against your standard thought of what is right or wrong. Here I plan to discuss my thoughts on this topic as well as supporting my claim that through the use of utilitarianism, a solution to this issue could be reached. In the recent past the image of our military has been tarnished in perspective of the public eye as a result of some officers not following ethical conduct of the force. They believe that their thoughts and ideas about what can come from their orders are the only thing that matters and what you feel shouldn’t matter because you are a subordinate and should follow orders. With that said I believe that there should be an ethical process involved when making certain decisions. I also believe that all subordinates should let their superiors know what they think of certain common situations so there is no need to question someone’s ethics when there isn’t time to do so...
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...we defined the ethical acts according to the cultural relativism or even ethical subjectivism. Nonetheless, the concept of Just War (JW), developed from the time of St. Augustine, has another point of view regarding butchery. As it states that to start an ethically justifiable war it must be for a just cause, declared by a lawful authority, the last solution after trying all the possible ways of solving the problem, and have a high probability of success [1]. The theory of JW is divided into three main segments:...
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