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Judge Advocate General's Corps, also known as JAG, can refer to the judicial arm of any of the United States armed forces, consisting of autonomous departments in the Air Force, Army, United States Coast Guard and Navy. They are charged with the defense and prosecution of military law as provided in the Uniform Code of Military Justice. Officers of the Corps are the chief officers of the court martial and court of inquiry. The Corps also provides servicemembers with a wide range of legal services free of charge, and supports military combat operations by advising commanders on the law of armed conflict. Marine Corps, Coast Guard and Air Force officers maintain their "line officer" status, while Army and Navy officers only serve in legal billets. The armed forces of a state are its government sponsored defense and fighting forces and organizations. ...
Aircraft of the 379th Air Expeditionary Wing and coalition counterparts stationed together at Al Udeid Air Base, Qatar, in southwest Asia, fly over the desert. ...
The United States Army is the largest branch of the United States armed forces and has primary responsibility for land-based military operations. ...
The United States Coast Guard (USCG) is a branch of the United States armed forces involved in maritime law enforcement, mariner assistance, search and rescue, and national defense, among other duties of coast guards elsewhere. ...
USN redirects here. ...
In most litigation under the common law adversarial system the defendant, perhaps with the assistance of counsel, may allege or present defenses (or defences) in order to avoid liability, civil or criminal. ...
Criminal law (also known as penal law) is the body of law that regulates governmental sanctions (such as imprisonment and/or fines) as retaliation for crimes against the social order. ...
Military law is a distinct legal system to which members of armed forces are subject. ...
The Uniform Code of Military Justice (UCMJ) is the foundation of military law in the United States. ...
A court-martial (plural courts-martial) is a military court that determines punishments for members of the military subject to military law. ...
International Humanitarian Law (IHL), also known as the law of war, the laws and customs of war or the law of armed conflict, is the legal corpus comprised of the Geneva Conventions and the Hague Regulations, as well as subsequent treaties, case law, and customary international law. ...
The mission of the Judge Advocate Generals Department is to provide professional legal services needed to accomplish the mission of the United States Air Force and maintain the highest degree of effectiveness and readiness. ...
The Judge Advocate Generals Corps of the United States Army is composed of Army officers who are also lawyers and who provide legal services to the Army at all levels of command. ...
In 1967, Congress decided to establish the Judge Advocate Generals Corps within the Department of the Navy. ...
// Core Competencies of Coast Guard Lawyers Legal Knowledge. ...
Military law
The Uniform Code of Military Justice, also known as UCMJ, is the primary legal code through which all internal military justice affairs of the United States are governed. It was created by an act of Congress in 1951 in order to establish identical systems of courts martial in all branches of the nation's armed forces. In addition to the Uniform Code of Military Justice, personnel are subject to the terms of the Constitution and individual state laws where applicable. The Uniform Code of Military Justice (UCMJ) is the foundation of military law in the United States. ...
A congress is a gathering of people, especially a gathering for a political purpose. ...
1951 (MCMLI) was a common year starting on Monday; see its calendar. ...
Courts-martial The forum through which judicial cases are tried in the nation's armed forces is the court martial, the name given to a panel of military officers selected to serve similar capacities of a civilian jury. The Uniform Code of Military Justice outlines three distinct types of courts martial. A court-martial (plural courts-martial) is a military court that determines punishments for members of the military subject to military law. ...
For jury meaning makeshift, see jury rig. ...
General court-martial - jurisdiction over crimes committed by commissioned officers, warrant officers and enlisted personnel
- forum for most serious charges such as homicide, sexual assault, drug distribution, or desertion
- officers detailed to the court are defense counsel, trial counsel (prosecutor) and military judge
- court martial comprises 5 or more members, minimum of one third may be enlisted if requested by an enlisted accused
- accused servicemember may request trial by judge alone in lieu of trial by a panel of members
- maximum sentence that a General Court-Martial can impose is the maximum specified in the specific 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
- court martial comprises three or more members, at least one third of whom are enlisted if requested by an enlisted accused
- accused servicemember 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, bad conduct discharge, and a fine
- a Special Court-Martial cannot confine or dismiss an officer
Summary court-martial - jurisdiction over crimes committed by enlisted personnel only
- forum for minor offenses such as petty theft
- only the accused and the summary court-martial are present
- court martial comprises a single officer, but a trial counsel and defense counsel are usually detailed
- maximum sentence is one month confinement, forefeiture of two-thirds pay, reduction in rank to E-1
- can be refused, in which case matter is normally referred to a Special Court Martial
Appeals process The Uniform Code of Military Justice provides for several tiers of appeal. All cases are reviewed by the officer convening the court who, as a matter of command prerogative, may approve, disapprove, or modify the findings and/or sentence. He may not approve a finding of guilty for an offense of which the accused was acquitted nor increase the sentence adjudged. Each military service and the Coast Guard has a Court of Military Appeals, which is composed of panels of three appellate military judges. These courts review all cases in which the approved sentence includes death, a punitive discharge, 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, 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 and the Coast Guard 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 by writ of certiorari." Article 67a, UCMJ; this merely confirms Article III, Section 2 of the United States Constitution, granting the Supreme Court apellate jurisdiction in all US cases where it does not have original jurisdiction. 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. It has been suggested that Mandate (law) be merged into this article or section. ...
The United States Court of Appeals for the Armed Forces exercises worldwide appellate jurisdiction over members of the military of the United States on active duty and other persons subject to the Uniform Code of Military Justice. ...
The presidential seal was used by President Hayes in 1880 and last modified in 1959 by adding the 50th star for Hawaii. ...
The Supreme Court of the United States is the highest judicial body in the United States and is the only part of the judicial branch of the United States federal government explicitly specified in the United States Constitution. ...
The United States Constitution is the supreme law of the United States of America. ...
Special Training In addition to being licensed attorneys in any state 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: - U.S. Naval Justice School in Newport, Rhode Island.
- U.S. Army Judge Advocate General's School in Charlottsville, Virginia.
- U.S. Air Force Judge Advocate General School at Maxwell Air Force Base, Montgomery, Alabama.
Naval Justice School is the primary training center for Naval, Marine and Coast Guard JAG's. Most JAG officers 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 accreditation. Its graduate course, leading to a Master of Laws degree, is open to JAG officers from all service branches. American Bar Associations Washington, DC office The American Bar Association (ABA) is a voluntary bar association of lawyers and law students, which is not specific to any jurisdiction in the United States. ...
The Master of Laws is an advanced law degree that allows someone to specialize in a particular area of law. ...
See also US General Douglas MacArthur (left), military ruler of Japan 1945-1952, next to Japans defeated Emperor, Hirohito Military rule may mean: Militarism as an ideology of government Military occupation (or Belligerent occupation), when a country or area is conquered after invasion List of military occupations Martial law, where military...
External links - Air Force Judge Advocate General's Corps
- Army Judge Advocate General's Corps
- Navy Judge Advocate General's Corps
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