Lawful command emphasis definition
Lawful command emphasis means ensuring that these three legal tenants stay intact to ensure good order and discipline are preserved within the ranks. The balance then is between the commander’s constant participation in his unit’s life and the immutable rights and protections of the accused Soldier. The commander’s daily input in the unit’s direction plays a significant role in the tone and prioritization of the unit’s tasks to accomplish the military mission. As leaders, commanders are expected by their chain of command to prepare their units and its members to be ready to go into harm’s way. To stay within the law, commanders should always remember to talk about the offense but not the offender, and talk about the process, not the result. There will be times when commanders want to distribute information or a perspective that puts the unit’s mission in the best light possible. But judge advocates (JAs) have to give counsel so the commander understands the risk of saying something that would have a near-term positive impact, but could have a long-term detriment to both the accused and the very military justice system that allows commanders to hold Soldiers accountable.