FM 19-15 Chapter 7
The use of deadly force can be justified only by extreme necessity. Accordingly, its use is not authorized for the purpose of preventing activities like curfew violations or looting that do not pose a significant risk of death or serious bodily harm. If a mission cannot be accomplished without the use of deadly force, but deadly force is not permitted under the guidelines authorizing its use, the mission must be delayed until sufficient nondeadly force can be brought to bear. The commander reports the situation and seeks instructions from higher authority. The use of deadly force is authorized only when all of the following conditions exist:
Lesser means have been exhausted or are unavailable.
The risk of death or serious bodily harm to innocent people is not significantly increased by its use.
The purpose of its use is one or more of the following: Self-defense to avoid death or serious bodily harm.
Prevention of a crime that involves a substantial risk of death or serious bodily harm, such as setting fire to an inhabited dwelling or sniping, including the defense of other people.
Detention or prevention of the escape of a person who, during detention or while escaping, presents a clear threat of loss of life or serious bodily harm to another person.
Every soldier has the legal right to use reasonably necessary force to defend himself against violent and dangerous personal attack. The limitations described above are not meant to infringe on this right. However, it must be emphasized that a control force member is part of a unit and is subject to a chain of command. As such, he must act in accord with his orders and as a member of a unit. Therefore, unless an attack is directed at him personally and unless his response can be directed specifically at the attacker, his response must be governed by the guidance of his immediate supervisor.
In the United States and its territories, the acts of individual soldiers are subject to civil laws as well as the provisions of the UCMJ. Reckless or malicious use of force may subject soldiers to civil or criminal liability under local law or to administrative or criminal liability under military law. The US Code guarantees any member of the Armed Forces the right to trial before a federal court, rather than a state court, for any charge or claim against him for any act committed while performing his official duties. Acts found to be outside the scope of military authority can result in the loss of this right. In a criminal prosecution, civil courts ordinarily do not convict a subordinate for acts done in good faith while obeying orders from superiors. However, if an act is so obviously illegal that it would be immediately apparent to a reasonable person, obeying the order probably would not be a valid defense.
I can see snipers being shot on sight, but not run of the mill looters.
Nagin, Blanco, and FEMA- youre fired.