Judge Advocate General's Corps
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- This article is in reference to the U.S. JAG Corps. For alternate meanings, see Judge Advocate General's Corps (disambiguation).
Judge Advocate General's Corps, also known as JAG, is the judicial arm of the United States armed forces, consisting of autonomous departments in the Air Force, Army, United States Coast Guard and Navy. It is 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 members 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 and Coast Guard officers maintain their "line officer" status, while Army, Navy and Airforce Officers only serve in legal billets.
- United States Air Force Judge Advocate General's Corps
- United States Army Judge Advocate General's Corps
- United States Navy Judge Advocate General's Corps
- United States Coast Guard Judge Advocate General's Corps
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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.
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 typed of courts martial.
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
- members present are defense counsel, prosecutor (trial counsel) and military judge
- court martial comprises 5 or more members, one third may be enlisted if requested
- maximum sentence is death by execution
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.
- members present are defense counsel, prosecutor (trial counsel) and military judge
- court martial comprises three or more members or tried by a judge alone
- maximum sentence is 12 months confinement, forfeiture of two-thirds pay for 12 months, reduction in rank, bad conduct discharge
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
- maximum sentence is one month confinement, forefeiture of two-thirds pay, reduction in rank
- can be refused, in which case matter is normally referred to a Special Court Martial
Appeals process
The Uniform Code of Military Justice provides several tiers of appeal. All cases are reviewed by the officer convening the court who, as a matter of command prerogative, may approve, disaprove, 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 Criminal 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.