The Judge Advocate General's Corps (JAG Corps) is a branch or military specialist with an interest in military law and military justice. Officers in charge of the JAG Corps are usually called the Advocate Judge. Only the chief prosecutor in each branch is referred to as the "Advocate General Judge"; However, individual JAG Corps officers are known everyday as JAGs.
The Advocate Judge serves primarily as legal counsel for the orders to which they are assigned. In this function, they can also serve as personal legal counsel to their commander. Their advice may include issues relating to administrative law, government contracts, civil and military personnel law, war law and international relations, environmental law, etc. They also serve as prosecutors for the military when conducting military trials. In the United States military, they are charged with defense and prosecution of military law as set out in Uniform Military Law Uniform. Highly experienced JAG officers often become military judges in military courts and inquiry courts.
Video Judge Advocate General's Corps
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Maps Judge Advocate General's Corps
Canada
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United Kingdom
- Fleet Advocate Judge
- Advocate Judge General of the Armed Forces
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Military law in the United States
The Code of Military Justice Uniform (UCMJ), is the ultimate legal code through which all internal military justice issues are governed. UCMJ is applicable to all members of the United States Military, including retired military as well as other uniformed service members of federal uniforms (such as the NOAA Corps and Public Health Service) when bound by the military. UCMJ was formed by an act of the United States Congress in 1951 to establish a relatively consistent military justice system in all branches of the state armed forces. However, in cases involving a very small breach of discipline, each service has a somewhat different procedure. Such cases are governed by UCMJ Article 15 and are called non-judicial punishment, Captain of the Vessel (Navy), or Office Hour (Marines).
In addition to the Code of Military Justice Uniform, personnel are subject to the provisions of the Constitution, other federal laws, and individual state laws where applicable (eg, whenever a member of a service resides in the United States, except in military bases with exclusive federal jurisdiction). When UCMJ violations occur, this issue is handled by the servicemember command. When a federal or state law violation occurs, the issue can be handled by a local, state, or federal authority.
Military-court
Forums through which criminal cases are tried in the United States armed forces are military courts. The term also applies to military officer panels selected to serve as fact-finders or "judges". In other words, they fulfill the role of a civilian jury in trying criminal cases. The Military Justice Uniform Code outlines three different types of military courts.
General military court
- Jurisdiction over crimes committed by everyone, including civilians, covered by military law at the time the crime was committed
- Forums for the most serious allegations such as sexual violence, drug distribution, or defection
- The officers detailed for trial are advocates, court counsel (prosecutors) and military judges
- The court martial arts panel (or "jury") consists of five or more service members, at least one-third of them registered if requested by a registered defendant
- A service member accused of soliciting judgment by a judge instead of a panel by a member panel, unless the death penalty can be terminated
- The maximum penalty that can be imposed by a general military court is the maximum specified in a particular UCMJ Article (crimes) the defendant is punished, including death
Special military court
- Jurisdiction over crimes committed by everyone, including civilians, covered by military law at the time the crime was committed
- Forums for secondary infractions such as battery, assault, theft (thieving), drug-related minor offenses, unauthorized absence, disrespect, disobedience and similar crime
- The officers detailed for trial are advocates, court counsel (prosecutors), and military judges
- A special military court panel consists of three or more members, at least one-third of them registered if requested by a registered defendant
- A service member accused of being able to request a court by a judge himself in lieu of a trial by member panel
- Regardless of what crimes are alleged in a special military court, the maximum sentence that can be convicted is 12 months of confinement, two-thirds foreclosure paying for 12 months, reducing ratings, exempting bad behavior, and fines
- A special military court can not fire an officer
Court-military summary
- Jurisdiction over crimes committed by enlisted personnel only
- Forums for minor infractions such as petty theft
- The martial-court summary consists of single officers paying classes should not be under O-3
- The maximum sentence is one month of confinement, foreclosure of two thirds of salary, reduction of rank to E-1
- The martial-court summary can not adjudicate imprisonment with hard work or deduction unless the next inferior wage value for a defendant residing in the E-5 or greater pay grade
- Can be rejected by the defendant, in this case the problem is usually called a special military court
Appeals process
The Uniform Code of Military Justice provides several levels of appeal. All cases are reviewed by the commanding committee (the convening authority ) who, as a matter of prerogative, may approve, reject, or alter the findings and/or penalties. The commander may not approve the guilty findings for the offense that the accused was acquitted or increase the sentence decided. A proven guilty member of the service may file a waiver request to the appropriate authorities prior to the approval of the authorities regarding the military court's sentence.
Each military service has a Criminal Court of Appeal, which consists of a panel of three military judges appeals:
- Court of Appeals for Army Crimes
- Court of Naval Corps Corps
- Air Force Criminal Court
- The Coast Guard's Appeals Court
These courts reviewed all cases in which the penalties were approved including death, sentence, or confinement for at least one year, and all cases referred by the Judge Service of the Advocate General. The criminal justice court "may affirm only the guilty and punitive findings or parts of the sentence, as finding true in law and fact and determining, on the basis of all records, shall be approved.In considering the record, it may overload the evidence, assess the credibility of the witness, and determine the questions of the opposite facts, recognize that the court hear and hear 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 approval of the US Senate, for a period of 15 years. The CAAF should review cases of all military services in which a criminal appeals court has established a death sentence, cases that hear Court Judges sent to justice, and cases of appeals from a criminal appeals court by a defendant in which the CAAF finds a good reason to grant an application for review. Unlike the court of criminal appeals, CAAF "will take action only with regard to legal matters". Article 67 (c), UCMJ. CAAF decisions "should be reviewed by the Supreme Court by certiorari order". Article 67a, UCMJ; this only confirms Article III, Section 2 of the United States Constitution, grants Supreme Court appeal jurisdiction in all US cases where it has no original jurisdiction.
Cases that do not meet the criteria for review by the criminal appeals court are reviewed in the Judicial Service office of the Advocate General's Judge. Article 69, UCMJ. A death sentence "may not be executed until it is approved by the President, in which case the President may alter, transmit, or suspend punishment, or any part of it, as he wishes, that part of the punishment given for death may not be suspended". Article 71 (a), UCMJ.
Other practice areas
In addition to prosecuting, defending and leading military courts, military lawyers advise commanders on issues involving a number of areas of law. Depending on the service, these areas may include laws of war, rules of engagement and their interpretation, and other operational legal issues, government contract law, administrative law, labor law, environmental law, international law, claims against government (such as under Federal Tort Claims Act), and information laws (such as requests for information in military ownership under the Freedom of Information Act). Military lawyers also advise individual service members, retired military, and their families about personal privacy issues they may have, including wills, fending off creditors, and reviewing the lease.
Custom training
In addition to being a licensed lawyer in the state or territory of the United States, all military lawyers undergo special training to qualify as a supporter of judges, enabling them to act as court advisers or defenders in military military courts. Special training is conducted in one of three military legal centers:
- Legal and Judicial Law School Judge Center in Charlottesville, Virginia. (link)
- Navy School of Justice in Newport, Rhode Island. (link)
- Air Force Judge Advocate General's School at Maxwell Air Force Base, Montgomery, Alabama. (link)
Most Judge Advocates will take additional classes in more than one of these facilities during their time at the JAG Corps.
Naval Justice School is the premier training center for Navy, Marines and Coast Guard JA.
The JAG Army School is the only military legal center that has full American Bar Association accreditation. The graduate course, which leads to the Master of Laws degree, is open to Advocate Judges from all branches of the service.
After completing their legal training at the Army's JAG School, graduates attend a live Office Commissioned training for six weeks at Fort Benning, Georgia. This course emphasizes the leadership skills of infantry officers and combat training.
See also
- The Advocate Judge General
- Military law
United States
- Advocate General's Corps (United States)
- US. The Advocate General's Corps Judge's Army
- US. Marine Corps Division of Judge Advocate
- US. Navy Judge Advocate General's Corps
- US. Air Force Judge Advocate General's Corps
- US. Coast Guard Law Division
References
United States
- Uniform Code of Military Justice
- Manual for Courts-Martial United States (2008 Edition) Caution: 5.54 MB PDF documents.
- United States Court of Appeals for Armed Forces Rules and Practices
External links
United States
- Army Judge Advocating the General Corps
- Judge Staff Advocates Marine Corps Commander
- The Navy Judge Advocates the General Corps
- Air Force Judge Advocate General's Corps
- Coast Guard Law Division
Source of the article : Wikipedia
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