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Whether an Officer should turn in one of his/her Marines for a minor fracture of the law or should they take matters into their own hands - Term Paper Example

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Whether an Officer should turn in one of his/her Marines for a minor fracture of the law or should they take matters into their own hands

One of the most critical issues when evaluating the conditions of a particular case is to check whether a solution is more appropriate compared to another one, meaning that there are two options available. Such dilemma is common in the case of public services, where the following problem often appears: when an illegal activity takes place, the supervisor has the power to check the issue himself, without starting a formal procedure, which can often take a long time to be completed; in the meantime, this procedure can negatively affects the person under consideration. In the marine Corps the specific problem can be usual. Current paper focuses on the examination of the following issue: in case of a minor offence, should the supervisory officer send the issue to further examination using the command chain or he should examine it without delay taking all the necessary decisions by his own? The review of the literature published in this field leads to the assumption that the officer is obliged to follow the command chain. Even if the specific process leaves the specific issue to the discretion of the officer, still the resolution of the problem would be more effective through following the command chain. In this way, the following two targets are achieved: it is made clear across the service that fairness and equality, meaning to offences, are secured. Moreover, others are preventing from developing similar activities, a target which may not achieved if the problem is resolved informally, i.e. without using the command chain. 2. Minor fracture of the law in Marine Corps In the context of the specific case, two different options seem to be available; it is possible for the officer to take matters into his own hands, without using the chain of command. He could also choose to notify his supervisors so that the rules related to the chain of command are applied. These two options are discussed below. Emphasis is given on the appropriateness and the validity of each option, but also its alignment with the existing laws and ethics. 2.1 Development of initiatives avoiding the chain of command. As part of the public services of USA, the Marine Corps force ‘is organized under the Armed Forces Reserve Act of 1952, which superseded the 1938 Naval Reserve Act’ (Estes and Heini 1996, p.143). At a first level, ‘the members of the Marine Corps are subject to Federal and state laws’ (Estes and Heini 1996, p.158), applied for the country’s citizens. In addition, due to their condition, i.e. their membership in the Armed Forces, the members of the Marine Corps are subject to the laws applied specifically for all those who are members of USA Armed Forces. In accordance with the above, if a member of the Marine Corps is found to be involved in a civil offense, he must be judged in accordance with the relevant civil authorities (Estes and Heini 1996, p.158). In the case under examination also, such issue would exist in case that the offense, even if it is minor, is related to the country’s civil laws. The above fact increases the obligation of the officer to use the command chain. It would be necessary for the events that are related to the case to be clearly reviewed in order to check whether a violation of the country’s existing civil laws exists; such violation could exist even if an offense is characterized, primarily, as minor. In the context of the military law, the case should be also reviewed by using the Uniform Code of Military ...Show more

Summary

The ability of people to understand right and wrong is often affected by a series of factors. When having to face the pressure of the social environment, an individual may proceed to false estimations in regard to the measures that need to be developed for handling a complex situation…
Author : nadams
Whether an Officer should turn in one of his/her Marines for a minor fracture of the law or should they take matters into their own hands essay example
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