Thursday, April 2, 2020

Yale Law Journal article on lawful orders by police

The March 2020 issue of the Yale Law Journal includes James Mooney's Comment on The Power of Police to Give "Lawful Orders," 129 Yale L. J. 1568 (2020). The abstract recites:
Forty-four states, the District of Columbia, and the federal government make it a crime to disobey the “lawful orders” of police officers. But there is significant uncertainty about what makes an order lawful. This uncertainty leaves people in the dark about their rights and obligations, risks unfair convictions, and allows police to needlessly escalate confrontations due to civilian confusion or minor noncompliance. This Comment proposes a model statute that would clarify and limit officers’ authority while informing civilians about the legal risks of disobedience.
Regrettably, the article makes no reference to military jurisprudence or the Manual for Courts-Martial on lawful orders. Still, some of the issues the author examines rhyme with issues that may arise in courts-martial, so it's worthwhile reading and interesting enough on its own terms.

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