Judge Advocate General's Corps
Encyclopedia
Judge Advocate General's Corps, also known as JAG or JAG Corps, refers to the legal branch or specialty of the U.S. Air Force
United States Air Force
The United States Air Force is the aerial warfare service branch of the United States Armed Forces and one of the American uniformed services. Initially part of the United States Army, the USAF was formed as a separate branch of the military on September 18, 1947 under the National Security Act of...

, Army
United States Army
The United States Army is the main branch of the United States Armed Forces responsible for land-based military operations. It is the largest and oldest established branch of the U.S. military, and is one of seven U.S. uniformed services...

, Coast Guard
United States Coast Guard
The United States Coast Guard is a branch of the United States Armed Forces and one of the seven U.S. uniformed services. The Coast Guard is a maritime, military, multi-mission service unique among the military branches for having a maritime law enforcement mission and a federal regulatory agency...

, and Navy
United States Navy
The United States Navy is the naval warfare service branch of the United States Armed Forces and one of the seven uniformed services of the United States. The U.S. Navy is the largest in the world; its battle fleet tonnage is greater than that of the next 13 largest navies combined. The U.S...

. Officers serving in the JAG Corps are typically called Judge Advocates. The Marine Corps and Coast Guard do not maintain separate JAG Corps per se and judge advocates in those services maintain their line officer
Line officer
In the United States armed forces, the term line officer or officer of the line refers to an officer who is trained for command — that is, to be the commanding officer of a warship, ground combat unit, combat aviation unit, or combat support unit....

-status. In the Army and Navy, JAG officers only serve in legal positions.

Judge Advocates serve primarily as legal advisors to the command to which they are assigned. In this function, they can also serve as the personal legal advisor to their commander. Their advice may cover a wide range of issues dealing with administrative law, government contracting, civilian and military personnel law, law of war and international relations, environmental law, etc. They also serve as prosecutors for the military when conducting courts-martial. They are charged with both the defense
Defense (legal)
In civil proceedings and criminal prosecutions under the common law, a defendant may raise a defense in an attempt to avoid criminal or civil liability...

 and prosecution of military law as provided in the Uniform Code of Military Justice
Uniform Code of Military Justice
The Uniform Code of Military Justice , is the foundation of military law in the United States. It is was established by the United States Congress in accordance with the authority given by the United States Constitution in Article I, Section 8, which provides that "The Congress shall have Power . ....

. Highly experienced officers of the JAG Corps often serve as military judges in courts-martial and courts of inquiry.

The services also have enlisted soldiers with specific paralegal training that provide support to Judge Advocates, although accession and scope of duty is also branch-specific. For example, the U.S. Army permits new recruits to become Judge Advocate enlisted, while the U.S. Navy does not. In addition to acting as paralegals to military attorneys, JAG enlisted often provide limited paralegal services such as drafting commonly used legal documents for servicemembers and their families, providing guidance to unit commands regarding administrative and disciplinary procedure, and acting as notaries.

Military law

The Uniform Code of Military Justice
Uniform Code of Military Justice
The Uniform Code of Military Justice , is the foundation of military law in the United States. It is was established by the United States Congress in accordance with the authority given by the United States Constitution in Article I, Section 8, which provides that "The Congress shall have Power . ....

, also known as UCMJ, is the primary legal code through which all internal military justice matters of the United States are governed. The UCMJ applies to all members of the Military of the United States
Military of the United States
The United States Armed Forces are the military forces of the United States. They consist of the Army, Navy, Marine Corps, Air Force, and Coast Guard.The United States has a strong tradition of civilian control of the military...

, including military retirees as well as members of other federal uniformed services (such as NOAA Corps
NOAA Corps
The National Oceanic and Atmospheric Administration Commissioned Corps is one of seven federal uniformed services of the United States, which operates under the National Oceanic and Atmospheric Administration , a scientific agency within the Department of Commerce...

 and the Public Health Service Commissioned Corps
Public Health Service Commissioned Corps
The United States Public Health Service Commissioned Corps is the federal uniformed service of the United States Public Health Service and is one of the seven uniformed services of the United States....

) when attached to the military. The UCMJ was created by an act of the United States Congress
United States Congress
The United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....

 in 1951 in order to establish relatively consistent systems of military justice in all branches of the nation's armed forces. However, in cases involving very minor disciplinary infractions, each service has somewhat differing procedures. (Such cases are governed by UCMJ Article 15 and are called non-judicial punishment
Nonjudicial punishment
Non-judicial punishment in the United States military, is a form of military justice authorized by Article 15 of the Uniform Code of Military Justice. Non-judicial punishment or "NJP" permits commanders to administratively discipline troops without a court-martial...

, Captain's Mast (Navy), or Office Hours (Marines).)

In addition to the Uniform Code of Military Justice, personnel are subject to the terms of the Constitution
United States Constitution
The Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...

, other federal laws, and individual state laws where applicable (e.g., whenever the service member is in the United States, unless on a military base with exclusive federal jurisdiction). When a violation of the UCMJ occurs, the matter is handled by the command of the servicemember. When a violation of a federal or state law occurs, the matter may be handled by local state or federal authorities.

Court-Martial

The forum through which criminal cases are tried in the nation's armed forces is the court-martial
Court-martial
A court-martial is a military court. A court-martial is empowered to determine the guilt of members of the armed forces subject to military law, and, if the defendant is found guilty, to decide upon punishment.Most militaries maintain a court-martial system to try cases in which a breach of...

. This term also applies to the panel of military officers selected to serve as the finders of fact or "jury". (In other words, they fulfil the role of a civilian jury
Jury
A jury is a sworn body of people convened to render an impartial verdict officially submitted to them by a court, or to set a penalty or judgment. Modern juries tend to be found in courts to ascertain the guilt, or lack thereof, in a crime. In Anglophone jurisdictions, the verdict may be guilty,...

 in trying criminal cases.) The Uniform Code of Military Justice outlines three distinct types of courts martial.

General Court-Martial

  • jurisdiction over crimes committed by any person, including civilians, covered by military law at the time the crime was committed
  • forum for most serious charges such as homicide
    Homicide
    Homicide refers to the act of a human killing another human. Murder, for example, is a type of homicide. It can also describe a person who has committed such an act, though this use is rare in modern English...

    , sexual assault
    Sexual assault
    Sexual assault is an assault of a sexual nature on another person, or any sexual act committed without consent. Although sexual assaults most frequently are by a man on a woman, it may involve any combination of two or more men, women and children....

    , drug distribution
    Illegal drug trade
    The illegal drug trade is a global black market, dedicated to cultivation, manufacture, distribution and sale of those substances which are subject to drug prohibition laws. Most jurisdictions prohibit trade, except under license, of many types of drugs by drug prohibition laws.A UN report said the...

    , or desertion
    Desertion
    In military terminology, desertion is the abandonment of a "duty" or post without permission and is done with the intention of not returning...

  • officers detailed to the court are defense counsel, trial counsel (prosecutor) and military judge
  • a court martial panel (or "jury") comprises five or more service members, at least one third of whom are enlisted if requested by an enlisted accused
  • accused service member may request trial by judge alone in lieu of trial by a panel of members, except where the death penalty may be adjudged
  • maximum sentence that a General Court-Martial can impose is the maximum specified in the specific UCMJ Article (crime) the accused is convicted of, including death

Special Court-Martial

  • jurisdiction over crimes committed by any person, including civilians, covered by military law at the time the crime was committed
  • forum for intermediate offenses such as battery, assault, larceny (theft), minor drug-related offenses, unauthorized absence, disrespect, disobedience, and similar crimes
  • officers detailed to the court are defense counsel, trial counsel (prosecutor) and military judge
  • Special Court-Martial panel comprises three or more members, at least one third of whom are enlisted if requested by an enlisted accused
  • accused service member may request trial by judge alone in lieu of trial by a panel of members
  • regardless of what crime is charged at a Special Court-Martial, the maximum sentence that can be adjudged is 12 months confinement, forfeiture of two-thirds pay for 12 months, reduction in rank
    Reduction in rank
    Reduction in rank may refer to two separate concepts:*In military law, a reduction in rank is a demotion in military rank as punishment for a crime or wrongdoing, imposed by a court-martial or other authority...

    , bad conduct discharge, and a fine
  • a Special Court-Martial cannot dismiss an officer

Summary Court-Martial

  • jurisdiction over crimes committed by enlisted personnel only
  • forum for minor offenses such as petty theft
  • Summary Court-Martial comprises a single officer whose pay grade should not be below O-3
  • maximum sentence is one month confinement, forfeiture of two-thirds pay, reduction in rank to E-1
  • Summary Courts-Martial may not adjudge punishments of confinement with out hard labor or reduction except the next inferior pay grade for accused who are in the pay grade of E-5 or greater
  • can be refused by the accused, in which case the matter is normally referred to a Special Court-Martial

Appeals process

The Uniform Code of Military Justice provides for several tiers of appeal
Appeal
An appeal is a petition for review of a case that has been decided by a court of law. The petition is made to a higher court for the purpose of overturning the lower court's decision....

. All cases are reviewed by the commander convening the court (the convening authority) who, as a matter of command prerogative, may approve, disapprove, or modify the findings and/or sentence. The commander may not approve a finding of guilty for an offense of which the accused was acquitted nor increase the sentence adjudged. A convicted service member may submit a request for leniency to the convening authority prior to the convening authority's approval of the court-martial sentence.

Each military service and the Coast Guard has a Court of Criminal Appeals, which is composed of panels of three appellate military judges:
  • Army Court of Criminal Appeals
    Army Court of Criminal Appeals
    In the United States military, the Army Court of Criminal Appeals is an appellate court that reviews certain court martial convictions of Army personnel.-Jurisdiction:...

  • Navy-Marine Corps Court of Criminal Appeal
    Navy-Marine Corps Court of Criminal Appeal
    The Navy-Marine Corps Court of Criminal Appeals is the intermediate appellate court for criminal convictions in the United States Navy and the Marine Corps....

    s
  • Air Force Court of Criminal Appeals
    Air Force Court of Criminal Appeals
    The Air Force Court of Criminal Appeals is an independent appellate judicial body authorized by Congress and established by the Judge Advocate General of the Air Force pursuant to the exclusive authority under . The Court hears and decides appeals of United States Air Force court-martial...

  • Coast Guard Court of Criminal Appeals
    Coast Guard Court of Criminal Appeals
    The Coast Guard Court of Criminal Appeals is the intermediate appellate court for criminal convictions in the U.S. Coast Guard. It is located in Arlington, Virginia....


These courts review all cases in which the approved sentence includes death, a punitive discharge
Military discharge
A military discharge is given when a member of the armed forces is released from their obligation to serve.-United States:Discharge or separation should not be confused with retirement; career U.S...

, or confinement for at least a year, and all cases referred to it by the service Judge Advocate General. The court of criminal appeals "may affirm only such findings of guilty and the sentence or such part of the sentence, as it finds correct in law and fact and determines, on the basis of the entire record, should be approved. In considering the record, it may weigh the evidence, judge the credibility of witnesses, and determine controverted questions of fact, recognizing that the trial court saw and heard the witnesses." Article 66(c), UCMJ.

The Court of Appeals for the Armed Forces (CAAF) consists of five civilian judges appointed by the President of the United States
President of the United States
The President of the United States of America is the head of state and head of government of the United States. The president leads the executive branch of the federal government and is the commander-in-chief of the United States Armed Forces....

, with the advice and consent of the U.S. Senate, to 15-year terms. The CAAF must review cases from all of the military services in which the court of criminal appeals has affirmed a death sentence, cases the Judge Advocates General order sent to the court, and cases appealed from the court of criminal appeals by the accused in which the CAAF finds good cause to grant the petition for review. Unlike the service courts of criminal appeals, the CAAF "shall take action only with respect to matters of law." Article 67(c), UCMJ. Decisions of the CAAF are "subject to review by the Supreme Court
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...

 by writ of certiorari." Article 67a, UCMJ; this merely confirms Article III, Section 2 of the United States Constitution
United States Constitution
The Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...

, granting the Supreme Court appellate jurisdiction
Appellate jurisdiction
Appellate jurisdiction is the power of the Supreme Court to review decisions and change outcomes of decisions of lower courts. Most appellate jurisdiction is legislatively created, and may consist of appeals by leave of the appellate court or by right...

 in all US cases where it does not have original jurisdiction
Original jurisdiction
The original jurisdiction of a court is the power to hear a case for the first time, as opposed to appellate jurisdiction, when a court has the power to review a lower court's decision.-France:...

.

Cases not meeting the criteria for review by the service courts of criminal appeals are reviewed in the office of the service Judge Advocate General. Article 69, UCMJ. A death sentence "may not be executed until approved by the President. In such a case, the President may commute, remit, or suspend the sentence, or any part thereof, as he sees fit. That part of the sentence providing for death may not be suspended." Article 71(a), UCMJ.

Other practice areas

Besides prosecuting, defending, and presiding over courts-martial, military attorneys advise commanders on issues involving a number of areas of law. Depending on the service, these areas may include the law of war, the rules of engagement
Rules of engagement
Rules of Engagement refers to those responses that are permitted in the employment of military personnel during operations or in the course of their duties. These rules of engagement are determined by the legal framework within which these duties are being carried out...

 and their interpretation, and other operational law issues, government contract
Government contracts
Government procurement in the United States is based on many of the same principles as commercial contracting, but is subject to special laws and regulation as described below....

 law, administrative law
Administrative law
Administrative law is the body of law that governs the activities of administrative agencies of government. Government agency action can include rulemaking, adjudication, or the enforcement of a specific regulatory agenda. Administrative law is considered a branch of public law...

, labor law, environmental law
Environmental law
Environmental law is a complex and interlocking body of treaties, conventions, statutes, regulations, and common law that operates to regulate the interaction of humanity and the natural environment, toward the purpose of reducing the impacts of human activity...

, international law
International law
Public international law concerns the structure and conduct of sovereign states; analogous entities, such as the Holy See; and intergovernmental organizations. To a lesser degree, international law also may affect multinational corporations and individuals, an impact increasingly evolving beyond...

, claims against the government (such as under the Federal Tort Claims Act
Federal Tort Claims Act
The Federal Tort Claims Act or "FTCA", , is a statute enacted by the United States Congress in 1948. "Federal Tort Claims Act" was also previously the official short title passed by the Seventy-ninth Congress on August 2, 1946 as Title IV of the Legislative Reorganization Act, 60 Stat...

), and information law (such as requests for information in the possession of the military under the Freedom of Information Act
Freedom of Information Act (United States)
The Freedom of Information Act is a federal freedom of information law that allows for the full or partial disclosure of previously unreleased information and documents controlled by the United States government. The Act defines agency records subject to disclosure, outlines mandatory disclosure...

). Military attorneys also advise individual servicemembers, military retirees, and their families regarding personal civil
Civil law (common law)
Civil law, as opposed to criminal law, is the branch of law dealing with disputes between individuals or organizations, in which compensation may be awarded to the victim...

 legal problems they may have, including drafting wills
Will (law)
A will or testament is a legal declaration by which a person, the testator, names one or more persons to manage his/her estate and provides for the transfer of his/her property at death...

, fending off creditors, and reviewing leases
Leasing
Leasing is a process by which a firm can obtain the use of a certain fixed assets for which it must pay a series of contractual, periodic, tax deductible payments....

.

Special training

In addition to being licensed attorney
Attorney at law
An attorney at law in the United States is a practitioner in a court of law who is legally qualified to prosecute and defend actions in such court on the retainer of clients. Alternative terms include counselor and lawyer...

s in any state
U.S. state
A U.S. state is any one of the 50 federated states of the United States of America that share sovereignty with the federal government. Because of this shared sovereignty, an American is a citizen both of the federal entity and of his or her state of domicile. Four states use the official title of...

 or territory of the U.S., all military attorneys undergo specialized training to qualify as judge advocates, allowing them to act as trial or defense counsel at military courts-martial. Specialized training takes place at one of three military law centers:
  • The Judge Advocate General's Legal Center and School
    The Judge Advocate General's Legal Center and School
    The Judge Advocate General’s Legal Center and School educates military, civilian, and international personnel in legal and leadership skills. The center is operated by the United States Army and is located in Charlottesville, Virginia...

     (U.S. Army) in Charlottesville, Virginia
    Charlottesville, Virginia
    Charlottesville is an independent city geographically surrounded by but separate from Albemarle County in the Commonwealth of Virginia, United States, and named after Charlotte of Mecklenburg-Strelitz, the queen consort of King George III of the United Kingdom.The official population estimate for...

    . (link)
  • Naval Justice School
    Naval Justice School
    The Naval Justice School is an educational institution of the United States Navy whose mission is to instruct Navy, Marine Corps, and Coast Guard officers and enlisted personnel in the fundamental principles of military justice, civil and administrative law, and procedure...

     in Newport, Rhode Island
    Newport, Rhode Island
    Newport is a city on Aquidneck Island in Newport County, Rhode Island, United States, about south of Providence. Known as a New England summer resort and for the famous Newport Mansions, it is the home of Salve Regina University and Naval Station Newport which houses the United States Naval War...

    . (link)
  • Air Force Judge Advocate General School at Maxwell Air Force Base
    Maxwell Air Force Base
    Maxwell Air Force Base , officially known as Maxwell-Gunter Air Force Base, is a United States Air Force installation under the Air Education and Training Command . The installation is located in Montgomery, Alabama, US. It was named in honor of Second Lieutenant William C...

    , Montgomery, Alabama
    Montgomery, Alabama
    Montgomery is the capital of the U.S. state of Alabama, and is the county seat of Montgomery County. It is located on the Alabama River southeast of the center of the state, in the Gulf Coastal Plain. As of the 2010 census, Montgomery had a population of 205,764 making it the second-largest city...

    . (link)


Naval Justice School is the primary training center for Navy, Marine and Coast Guard JA's. Most Judge Advocates will take additional classes at more than one of these facilities during their time in the JAG Corps.

The Army's JAG School is the only military law center that has full American Bar Association
American Bar Association
The American Bar Association , founded August 21, 1878, is a voluntary bar association of lawyers and law students, which is not specific to any jurisdiction in the United States. The ABA's most important stated activities are the setting of academic standards for law schools, and the formulation...

 accreditation. Its graduate
Graduate school
A graduate school is a school that awards advanced academic degrees with the general requirement that students must have earned a previous undergraduate degree...

 course, leading to a Master of Laws
Master of Laws
The Master of Laws is an advanced academic degree, pursued by those holding a professional law degree, and is commonly abbreviated LL.M. from its Latin name, Legum Magister. The University of Oxford names its taught masters of laws B.C.L...

 degree, is open to Judge Advocates from all service branches.

New Army JAG enlisted generally have little to no special legal education prior to enlistment, and very rarely have law licenses; after completing Army Basic, they receive their paralegal training at the Advanced Individual Training Paralegal School at Fort Jackson, South Carolina.

See also

  • U.S. Army Judge Advocate General's Corps
  • U.S. Marine Corps Judge Advocate Division
    U.S. Marine Corps Judge Advocate Division
    The Judge Advocate Division is the United States Marine Corps's legal arm, and is subordinate to the Judge Advocate General of the Navy. The head of the Division is the Staff Judge Advocate to the Commandant of the Marine Corps...

  • U.S. Navy Judge Advocate General's Corps
    Judge Advocate General's Corps, U.S. Navy
    The Judge Advocate General's Corps also known as the "JAG Corps" or "JAG" is the legal arm of the United States Navy. Today, the corps consists of a worldwide organization of more than 730 Judge Advocates, 30 limited duty officers , 500 enlisted members and nearly 275 civilian personnel, serving...

  • U.S. Air Force Judge Advocate General's Corps
    Judge Advocate General's Corps, U.S. Air Force
    The Judge Advocate General's Corps also known as the "JAG Corps" or "JAG" is the legal arm of the United States Air Force.- History :The United States Air Force became a separate military service in September 1947. On 25 June 1948, the Congress established an office of The Judge Advocate General ...

  • U.S. Coast Guard Legal Division
  • Judge Advocate General (disambiguation)
  • Military rule (disambiguation)


Britain
  • Judge Advocate of the Fleet
    Judge Advocate of the Fleet
    In the United Kingdom, the Judge Advocate of Her Majesty's Fleet was a civilian judge who was responsible for the supervision and superintendence of the court martial system in the Royal Navy...

  • Judge Advocate General (United Kingdom)


Canada
  • Judge Advocate General (Canada)
    Judge Advocate General (Canada)
    The Office of the Judge Advocate General for the Canadian Forces provides legal advice to commanders at bases and wings, provides lawyers who defend accused persons at courts martial, teaches courses to other CF members or advises a commanding officer in an operational theatre to uphold the ethical...


External links

The source of this article is wikipedia, the free encyclopedia.  The text of this article is licensed under the GFDL.
 
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