126
votes
Accepted
Is it truly illegal for the US Armed Forces to hire someone whose IQ is less than 83?
Short Answer
Applicants are required by military regulation to have a percentile score on a standardized test called the ASVAB that is 31 or more, which is roughly comparable to an IQ score on the ...
- 129k
53
votes
Can a soldier refuse to carry a weapon?
Under US Army Regulation 601-210 as of 2016, conscientious objection will normally disqualify someone applying to enlist, but the disqualification can be waived. Under Army Regulation 600-43, if they ...
- 20.4k
52
votes
Accepted
Can a soldier be court-martialed for revealing intelligence while in duress?
2019 Manual for Courts-Martial, Rule 916(h):
(h) Coercion or duress. It is a defense to any offense
except killing an innocent person that the accused’s
participation in the offense was caused by a ...
- 22.2k
49
votes
Accepted
I'm a trans woman. When can I deregister from the American draft registry?
Apparently, you cannot do this at any point, unless the law changes at some time in the future:
FOR INDIVIDUALS ASSIGNED MALE AT BIRTH
People who were assigned male at birth are required to ...
- 24.6k
44
votes
Accepted
Why isn't a draft (conscription) slavery?
The only real answer is that the US Supreme Court, in interpreting the constitution, and specifically the argument that the 13th Amendment prohibits a draft for compelled military services has ...
- 89.2k
41
votes
Accepted
What's the statute of limitation on fragging?
Under 10 USC 843(a), i.e. Article 43 of the UCMJ,
A person charged with absence without leave or missing movement in
time of war, with murder, rape or sexual assault, or rape or sexual
assault of a ...
- 156k
36
votes
Accepted
In the U.S. must treason be tried by a military tribunal?
It is not the case that treason must be tried by a military tribunal. See for example US v. Kawakita, which was an ordinary civilian jury trial. I cannot even imagine why one would think that there is ...
- 156k
35
votes
In the U.S. must treason be tried by a military tribunal?
Actually, the opposite is true: a military tribunal cannot try a treason case. A military tribunal can only handle cases arising from the Uniform Code of Military Justice or other laws that state ...
- 5,498
34
votes
Would it be legal according to the laws of war if Ukrainian forces killed Putin in Moscow?
Yes
Providing the attack was otherwise made in accordance with the rules of war, enemy civilian leaders who are directly responsible for the prosecution of the conflict (so, the Minister of Defence, ...
- 147k
21
votes
Has somebody gotten major prison sentences in the US for simply deserting their post?
Eddie Slovik was executed by firing squad for desertion during World War II (the only U.S. solider to have the death sentence carried out for desertion during the war). He requested from his commander ...
- 464
21
votes
Accepted
Can a soldier refuse to carry a weapon?
In the UK Armed Forces, conscientious objection is grounds for a refusal at the admission stage and has been since the end of conscription in 1963. Where a person develops an objection to military ...
- 2,332
19
votes
What's the statute of limitation on fragging?
There is no statute of limitations on murder
This is true of other serious crimes as well like sexual assault, war crimes, genocide etc.
The person can be charged now, 10 years from now, 100 years ...
- 147k
18
votes
Do "the laws" mentioned in the U.S. Oath of Allegiance have to be constitutional?
Technically, there is no such thing as an unconstitutional law. There are laws which have been passed, but whose unconstitutionality has not been discovered yet. But once a law is legally deemed to ...
- 2,360
17
votes
Has somebody gotten major prison sentences in the US for simply deserting their post?
By describing the situation with:
This seems like an absolutely horrific and barbaric way to punish soldiers who, for whatever reason, felt compelled to leave their post (in this particular case, ...
- 270
14
votes
Accepted
USAMRIID is US Military - are they allowed to deploy domestically contrary to Posse Comitatus in response to biological outbreaks?
The article "The Posse Comitatus Act..." analyzes the legal restrictions on use of military power arising from that act. Following
US v. McArthur, 419 F. Supp. 186, where the act played a ...
- 156k
12
votes
Do "the laws" mentioned in the U.S. Oath of Allegiance have to be constitutional?
There is an Oath of Enlistment for the military where the enlistee vows to
support and defend the Constitution of the United States against all
enemies, foreign and domestic; that I will bear true ...
- 156k
11
votes
Can a soldier refuse to carry a weapon?
By default every male Finnish Citizen is liable for military service.
The relevant law for Finland has a whole Chapter 6 about unarmed service.
Basically, the person who asserts that a serious reason ...
- 211
10
votes
Can a soldier enforce federal law?
united-states
Under US law, any citizen may hold a person caught in the process of committing a felony (which kidnapping surely is) for the police. A soldier has no special authority. Indeed under ...
- 89.2k
9
votes
Accepted
Can the USA military be used as a police force domestically?
The use of the active duty military in a law enforcement role is not unconstitutional but it is prohibited by the posse comitatus act. 18 U.S.C. § 1385 (adopted 1878).
The text of the relevant ...
- 129k
9
votes
At what point can a surrendered military force resume fighting?
Under the Geneva Convention a prisoner-of-war may lawfully resume fighting once they have successfully escaped. Under Article 91:
The escape of a prisoner of war shall be deemed to have succeeded ...
- 147k
8
votes
Accepted
USA - Grounds for Treason / Arrests to Prevent a Coup
What Is Treason?
Treason is the only crime defined in the U.S. Constitution, at Article III, Section 3 which says:
Treason against the United States, shall consist only in levying war
against ...
- 129k
8
votes
What law designated the U.S. Marshals as non-military?
The US Marshals (now the US Marshals Service) was -- as described in the Wikipedia article -- created by the Judiciary Act of 1789 during the first term of the US Congress (and also during the first ...
- 89.2k
8
votes
Does civilians' defence of their cities absolve advancing soldiers of war crimes?
Civilians taking active part in hostilities are legitimate targets
This is enshrined in Rule 6 of customary International Humanitarian Law.
Rule 6. Civilians are protected against attack, unless and ...
- 147k
7
votes
Accepted
Are the U.S. military police allowed to operate on U.S. soil?
It's probably not a good idea to take action movies as authoritative sources on the law. The law that you're referring to is presumably the Posse Comitatus Act (18 USC 1385) which says
Whoever, ...
- 156k
7
votes
Can President Trump shoot off the nukes whenever he wants to, even for no reason?
The Commander-in-chief powers are quite broad. The War Powers Resolution limits his ability to engage unilaterally in military action, by requiring him to report to Congress within 48 hours, and if ...
- 156k
7
votes
Accepted
What to do with Grandad's Top Secret documents
The documents do not belong to you or your granddad: they belong to his former employer. Contact them and ask what they want them do with them.
- 147k
7
votes
I have a old question. What is the law that says the military will not be formed inless a abuse befalls a United States of America American?
There is no such law. The US Constitution provides that:
The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called ...
- 89.2k
7
votes
Accepted
Can you seek asylum for not wanting to do your mandatory military service in your home country?
In Europe (as defined above) it does not appear that any country allows an asylum claim based solely on the fact of being subject to obligatory military service. However, asylum claims can be made ...
- 156k
6
votes
Is it truly illegal for the US Armed Forces to hire someone whose IQ is less than 83?
It is not true for a few reasons. First, the number is 81, sort of. 10 USC 520 specifies a minimum 31st percentile on the Armed Forces Qualification Test; see this Q&A for an analysis of the ...
- 156k
6
votes
Do "the laws" mentioned in the U.S. Oath of Allegiance have to be constitutional?
From a purely technical interpretation of the law does the oath cover laws that are unconstitutional?
Of course not. Unconstitutional laws are effectively null and void. The oath covers the ...
- 24.6k
Only top scored, non community-wiki answers of a minimum length are eligible