Posted: 1/24/2008 2:38:27 PM EDT
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Im in an FTO course and my homework is define "fail to direct", one of the 7 deadly sins, and how it would be applied to the field training incident / scenario. Also need some case law in regard to fail to direct. I have tried to google the case law but cannot get anything to come up. HELP!!!!
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Are you talking about "fail to direct" like in the Rodneey King case where the Sgt failed to stop the officers in the excessive force. Works up the chain too as in if your FTO is violating someone's rights you are mandated by law to act. My case law book is at the PD so not much help here. Maybe google failure to act. Bucky145 |
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Yes, I belive so, I have found the definition of Failure to direct: Occurs when supervisors fail to advise subordinates of the specific requirements and limits of the job. Now I cannot google a damn thing about failure to direct and case law instances. Im sure Im not looking correctly. |
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It may not be the direction you want, but what comes to mind are situations like My Lai and Abu Gharib where it might be seen in certain viewpoints that leadership failed to direct or lead their troops properly. Overall and addressing the above, the leadership knows, should know, must know what is and what is not proper. When matters proceed into what is not proper, they must step in and stop it. I had a situation, "minor" in comparison to the above, where situation indicated that there were drugs present at an entry gate search. My patrol sgt. was very much into proceeding with the search but there were words being said by the driver that compelled me to enter into the conversation and directly address the issue. "Sir, am I to understand that you do not want your car searched?" His reply was yes. "Then Sir you will immediately turn around and exit the base." My sgt. objected twice and I had to tell him as he was twice. Under the rules of evidence that I was operating under at the time, that one could refuse search on entry, I had to step in and determine the situation. Back to the big point. I don't know of case law that applies but given the scope of the big incidents, I would imagine Nuremburg would be a decent place to start ..... or any cases against Lt. Calley or Capt. Medina. Equally possible but on a different tangent, I believe the Captain of the USCG Vigilant in the "Simas Kudirka Incident" (my words) (Nov 1970) was relieved for failure to control the situation when Soviets were allowed to board his ship to recapture the defector. (saw the movie once decades ago, so I could be mistaken) I am adding that one from the interpretation (mine) of where one was relieved by their superiors because they lost track of the fact that they were suppose to be the leader in the field and failed to take charge. ________________________________________________ (After he has apparently abandoned his men on the ice and returned to safety, General Nobile receives the message that he is relieved of command. "What is it they believe I have done?" "What it appears ....... that you have done."--Captain Samoilovich, (w,stte), "The Red Tent") |
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