I have no disagreement with that but it's a very poor excuse for absolving the top guy in the totem pole.
....and command responsibility doesn't apply because there's no war? You've gotta be kidding!
CEO's and folks in charge of organizations have responsibility for anything that happens under their control, war or no war.
You're trying to get him absolved on the basis of the written law in PA? The problem is that there are too many laws on the books
that protects the guilty and not enough to protect the innocents and /or victims!
Paterno or McQueary will probably get off easy based on the letter of the law but they can't escape the moral judgements that will be made on their legacy/records.