Judge Advocate General's Corps
The Judge Advocate General's Corps ( JAG Corps , JAGC) is the supreme judicial authority for the United States Armed Forces . The Judge Advocate General , a Lieutenant General or Vice Admiral , is the head of this agency. There are four independent agencies: the United States Air Force Judge Advocate General's Corps , the United States Army Judge Advocate General's Corps and the United States Navy Judge Advocate General's Corps , which is responsible for the United States Navy and the United States Marine Corps . There is also a United States Coast Guard Legal Program .
The authorities are based on the military jurisdiction of the US armed forces. Based on the Constitution of the United States and in particular the General Military Criminal Law Uniform Code of Military Justice (UCMJ), an inherent judiciary of the military is exercised. This jurisdiction applies to all members of the US armed forces, civilian employees and members of the United States Coast Guard .
For the implementation of the processes , on the one hand, the manual for courts-martial , which represents the procedural rules , and, on the other hand, the military rules of evidence as evidence regulations form the basis. Members of the JAG Corps are used for investigations, filling the bench, defense and prosecution. However, other authorities such as the Naval Criminal Investigative Service (NCIS) of the United States Navy or the Criminal Investigation Division (CID) of the United States Army are responsible for law enforcement.
Judge Advocate
According to UCMJ Article 2 Paragraph 13, Judge Advocate (A) designates an officer in the Judge Advocate General's Corps of the United States Army or Navy, (B) an officer in the United States Air Force or the United States Marine Corps who is referred to as a lawyer , or (C) a United States Coast Guard officer designated as a legal professional.
Legal competence of the UCMJ
In addition to criminal offenses specific to the military, such as desertion , which in times of war lead to the death penalty , and "unworthy behavior by officers and gentlemen", US military courts also negotiate all other criminal offenses - often in competition with civil jurisdiction - because , and additional penalties from civil courts, special honorary penalties are added here.
United States Army
history
The JAG Corps of the United States Army consists of officers serving as military lawyers , warrant officers and non-commissioned officers serving as paralegals, team ranks, and civilian employees. The United States Army Judge Advocate General is a Lieutenant General . This is one of the few posts in the United States Army that can be appointed by the President for four years only on the recommendation of the US Senate .
The United States Army's first JAG was William Tudor , who was called by George Washington in 1775 . Lieutenant General Flora D. Darpino was named 39th JAG in September 2013; she was the first woman in this office. With the appointment of Tudor, the JAG Corps of the United States Army is celebrating its birthday, making it the oldest of the four military justice agencies.
The Judge Advocate General's Legal Center and School is located on the grounds of the University of Virginia in Charlottesville . As part of the University of Virginia School of Law , the Law Center has been granted the right by Congress to award masters degrees in law . Judge advocates from all five US armed forces including the United States Coast Guard and international students attend the annual graduate course, in which the Master of Laws degree is awarded. The Legal Center also trains new military lawyers, ensures the training of military lawyers who have already graduated, and trains NCOs as paralegals and bailiffs.
The predecessor of this center, Judge Advocate General's School , was founded at the University of Michigan during World War II . It was established to train new military lawyers as the United States Army's legal department expanded rapidly. It was briefly dissolved and then re-established after a short time in Fort Myer ( Washington, DC ) at the University of Virginia in 1951.
Today about 1,600 judge advocates , 300 of them women, serve in the JAG Corps of the United States Army. The United States Army also employs around 400 lawyers in its civilian attorney program.
List of United States Army's JAG
United States Air Force
The JAG of the United States Air Force (USAF) is the highest ranking lawyer in the USAF and commands 1,300 USAF military lawyers (“judge advocates”), 300 civil lawyers, 1,000 non-commissioned officers (paralegals) and 600 civil employees worldwide. JAGC is responsible for providing legal advice and support to the Chief of Staff of the Air Force ( CSAF ), his staff, and the USAF commanders.
history
In September 1947, the United States Air Force was separated from the United States Army and made into a separate armed force . A year later, in June 1948, Congress created the office of the Judge Advocate General in the United States Air Force. In 1949, the CSAF appointed 205 attorneys as Judge Advocates . Thus three months before a JAG there were already the Judge Advocates in the newly established “Judge Advocate General's Department”. Another year later (1950) the authority was directly subordinate to the CSAF. The United States Air Force's first JAG, MajGen. Reginald C. Harmon believed it was important for JAG to be part of an integrated department. Therefore the concept of an independent staff department ("corps") was rejected. In 2003, the department was renamed "Judge Advocate General's Corps" by order of Secretary of the Air Force James Roche.
In December 2004, the United States Air Force JAG Thomas Fiscus was disciplined under Article 15 of the UCMJ (Unworthy Conduct for an Officer and Obstruction of Justice in Various Cases of Unprofessional Sexual Relationships with Subordinates). Upon his release, Fiscus was demoted two ranks to Colonel. Then the Deputy Judge Advocate General (Deputy) Lieutenant General Jack L. Rives served initially as the acting JAG and since February 2006 as a full JAG. During his tenure, the office was upgraded by his promotion to Lieutenant General. Rive's successor has been Lieutenant General Richard Harding since 2010.
List of United States Air Force JAGs
- Major General Reginald C. Harmon (1948-1960)
- Major General Albert M. Kuhfeld (1960–1964)
- Major General Robert W. Manns (1964–1969)
- Major General James S. Cheney (1970–1973)
- Major General Harold R. Vague (1973-1977)
- Major General Walter D. Reed (1977–1980)
- Major General Thomas B. Bruton (1980–1985)
- Major General Robert W. Norris (1985–1988)
- Major General Keithe E. Nelson (1988–1991)
- Major General David C. Morehouse (1991-1993)
- Major General Nolan Sklute (1993–1996)
- Major General Bryan G. Hawley (1996-1999)
- Major General William A. Moorman (1999-2002)
- Major General Thomas J. Fiscus (2002-2004)
- Major General / Lieutenant General Jack L. Rives (2006-2010)
- Lieutenant General Richard Harding (February 2010 to January 2014)
- Lieutenant General Christopher F. Burne (since May 2014)
history
During the Civil War , Secretary of the Navy (SECNAV) Gideon Welles appointed a young attorney for United States Navy purposes in court. Without any legal authority, Welles gave him the title of Solicitor of the Navy Department . Wilson became the United States Navy's first legal advisor.
In a resolution dated March 2, 1865, Congress authorized the President "with the recommendation and approval of the Senate to appoint an officer from the Department of the Navy as Solicitor and Naval Judge Advocate General ." 1870 this item was renamed Navy lawyer ( Naval Solicitor ) and the United States Department of Justice incorporated.
Eight years later (1878), Marines Colonel William Butler Remey convinced Congress that the United States Navy needed a permanent Judge Advocate General, as well as his staff and the new naval law. This was established by law in 1880. From now on, an officer of the United States Navy or the United States Marine Corps was to take over the post of JAG. Consequently, both branches of the armed forces were represented in the later growing JAG Corps. In 1967 one came to the conviction that a completely independent corps , in the sense of a staff position, was needed by lawyers. That year the Judge Advocate General's Corps of the United States Navy was formed.
A decision of 1918 provided that the post of the JAG should be filled with a rear admiral (upper half) . In July of the same year, Captain George Ramsey Clark became the first JAG to hold the rank of Rear Admiral .
In 1947, a specialty law program was created that enabled the training of lawyers within the United States Navy. In 1959, the US Congress ruled that the JAG must be a lawyer. This required, therefore, that he a member of the Bar Association with no less than eight years of service as a lawyer and officer be had. This resolution also put the first Uniform Code of Military Justice into force.
After twenty years of experience with the Special Program in Law by 1967, the United States Navy came to the conclusion that a separate corps of lawyers was necessary. Therefore, the US Congress decided that a JAG Corps must be created within the Department of the Navy . Therefore, on December 8, 1967 , President Lyndon B. Johnson signed an act that gave United States Navy attorneys the status of members of a separate professional field, similar to doctors and priests.
Today the JAG commands a global agency with more than 730 military lawyers ( judge advocates ), 30 officers who specialize in law, 630 NCOs and almost 275 civilian employees. The JAG Corps assists the Secretary of the Navy in legal matters and all other legal matters.
Like other jurisdictions, the JAGC has had controversial cases in its history, the results of which have often been criticized afterwards. Overall, however, it has a good reputation, at least within the United States, and is seen as fair and generally independent.
The headquarters of the JAGC is located southeast of the US capital Washington DC, on the west bank of the Anacostia River in the historic Washington Navy Yard . An office in Falls Church as seen in the TV series does not exist.
United States Marine Corps Judge Advocate Division
The Judge Advocate Division of the United States Marine Corps (USMC) is the judicial division of the United States Marines and is subordinate to the JAG of the United States Navy due to the USMC's affiliation to the Department of the Navy. The department is commanded by the Staff Judge Advocate (SJA) to the Commandant of the Marine Corps (CMC).
Military lawyers, known as judge advocates , work at the USMC under the command of the SJA to the CMC and, in their function, advise Marines commanders on legal issues such as martial law and take part in military court hearings as defenders or prosecutors. In contrast to their counterparts in the United States Navy, the USMC lawyers are line officers ; That is, that they are not separate staff officers with limited specialty, but that they can fill any position of a Marine in the Fleet Marine Force , such as B. also the command of a combat unit.
The USMC's prospective military lawyers complete normal basic training as well as a six-month course at the Basic School (TBS). They are formed in humans guide and on the tasks of an officer in regular applications, such as a platoon leader of a platoon prepared. After graduating from TBS, they continue their training at the Naval Justice School (NJS), where they are taught the basics of military justice , civil and administrative law, and official procedures. Upon completing the NJS, the Marines are designated Judge Advocate ( MOS 4402) and begin their Tour of Duty in the Fleet Marine Force .
The headquarters of the Judge Advocate Division at the headquarters of the United States Marine Corps have the following departments:
-
Staff Judge Advocate to the Commandant of the Marine Corps
- Information, Plans and Programs (JAI)
- Legal Assistance (JAL)
- Military Law (JAM)
- International and Operational Law (JAO)
- Research and Civil Law (JAR)
- Judge Advocate Support (JAS)
- Chief Defense Counsel of the Marine Corps (CDC)
List of SJA of the CMC
| Surname | Beginning of the appointment | End of appointment |
|---|---|---|
| Major General Vaughn A. Ary | since 2009 | --- |
| Brigadier General James C. Walker | 2006 | 2009 |
| BGen Kevin M. Sandkuhler | 2001 | 2006 |
| BGen Joseph Composto | 1999 | 2001 |
| BGen Theodore G. Hess | 1996 | 1999 |
| BGen Michael C. Wholley | 1993 | 1996 |
| BGen Gerald L. Miller | 1990 | 1993 |
| BGen Michael E. Rich | 1988 | 1990 |
| BGen David M. Brahms | 1985 | 1988 |
| BGen Walter J. Donovan | 1983 | 1985 |
| BGen William HJ Tiernan | 1980 | 1983 |
| BGen James P. King | 1978 | 1980 |
| BGen Robert J. Chadwick | 1976 | 1978 |
| BGen John R. De Barr | 1973 | 1976 |
| BGen Clyde R. Mann | 1971 | 1973 |
| BGen Duane L. Faw | 1969 | 1971 |
| Colonel Marion G. Truesdale | 1968 | 1969 |
| Colonel Charles B. Sevier | 1966 | 1968 |
United States Coast Guard
history
Today's JAG of the United States Coast Guard ( US Coast Guard Legal Division ) and the legal program ( legal program ) emerged as a division of the Bureau of Operations. When the USCG was founded on January 28, 1915, this department took over the restructuring of the Coast Guard Courts to ensure military order. Edward P. Harrington served as the first in command of this military disciplinary department and held the title of chief legal officer ("chief legal officer").
A tax resolution of 1934 integrated all legal tasks and services in the United States Treasury Department (“Department of the Treasury”) newly created “Office of the Attorney General of the Treasury”. As a result of this reorganization, a Legal Division was created and incorporated into USCG headquarters. From then on, the commander of this division was the chief lawyer. The Legal Division was part of the Coast Guard Command Staff and the Chief Legal Officer served under the direct command of the USCG's Assistant Commandant. When Harrington retired in 1931, Joseph P. Tanney succeeded him, becoming the first senior lawyer. The current incumbent is Rear Admiral Frederick J. Kenney, Judge Advocate General and Chief Counsel of the United States Coast Guard.
Media reception
The American television series JAG - On behalf of honor , which was produced from 1995 to 2005 and describes the work of naval military lawyers, was also broadcast on German-language television programs.
Web links
- JAGC of the United States Army (English)
- JAGC of the United States Air Force (English)
- JAGC of the United States Navy (English)
- SJA of the United States Marine Corps (English)
- Rights Program of the United States Coast Guard (English)
- Founding stories of several American units, including the JAGC (English)
- JAG Law School (English)
Individual evidence
- ↑ Army JAG FAQ ( Memento of the original from November 19, 2005 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. (English, PDF)
- ↑ By the Act of March 2, 1865, Congress authorized "the President to appoint, by and with the advice and consent of the Senate, for service during the rebellion and one year thereafter, an officer of the Navy Department to be called the" Solicitor and Naval Judge Advocate General. ( Memento of the original dated November 24, 2005 in the Internet Archive ) Info: The archive link has been inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this note.
