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Judge Advocate General's Corps
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Judge Advocate General's Corps
The Judge Advocate General's Corps (JAG or JAG Corps) is the military justice branch or specialty of the United States Air Force, Army, Coast Guard, Marine Corps, and Navy. Officers serving in the JAG Corps are typically called judge advocates.
Judge advocates are responsible for administrative law, government contracting, civilian and military personnel law, the law of war and international relations, environmental law, etc. They also serve as prosecutors for the military when conducting courts-martial.
George Washington established the JAG Corps on July 29, 1775. Judge advocates were involved in writing and implementing Abraham Lincoln's General Orders No. 100: Instructions for the Government of the Armies of the United States in the Field, which was the first systematic code of the law of war in the United States.
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. They are charged with both the defense and prosecution of military law as provided in the Uniform Code of Military Justice. 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 are 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 service members and their families, providing guidance to unit commands regarding the administrative and disciplinary procedure, and acting as notaries.
The Marine Corps and Coast Guard do not maintain separate JAG Corps, and judge advocates in those services maintain their line-officer status. In the Navy, JAG officers only serve in legal positions. Judge advocates in the Army and Air Force retain eligibility for command and may be assigned to a non-legal position with permission of the Judge Advocate General, but this is only rarely done; the majority serve in legal positions and their careers are therefore similar to those of the Navy.
According to the U.S. Department of Defense, judge advocates typically join the JAG Corps after graduating from law school. An exception is the U.S. Army's Funded Legal Education Program, under which a small number of active-duty officers and non-commissioned officers are selected to attend law school on a full-time basis tuition-free while receiving their military base pay and benefits. Other branches of the U.S. military offer similar programs.
The Uniform Code of Military Justice, 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, including military retirees as well as members of other federal uniformed services (such as NOAA Corps and the Public Health Service Commissioned Corps) when attached to the military. The UCMJ was created by an act of the United States Congress 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, Captain's Mast (Navy), or Office Hours (Marines).)
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Judge Advocate General's Corps
The Judge Advocate General's Corps (JAG or JAG Corps) is the military justice branch or specialty of the United States Air Force, Army, Coast Guard, Marine Corps, and Navy. Officers serving in the JAG Corps are typically called judge advocates.
Judge advocates are responsible for administrative law, government contracting, civilian and military personnel law, the law of war and international relations, environmental law, etc. They also serve as prosecutors for the military when conducting courts-martial.
George Washington established the JAG Corps on July 29, 1775. Judge advocates were involved in writing and implementing Abraham Lincoln's General Orders No. 100: Instructions for the Government of the Armies of the United States in the Field, which was the first systematic code of the law of war in the United States.
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. They are charged with both the defense and prosecution of military law as provided in the Uniform Code of Military Justice. 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 are 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 service members and their families, providing guidance to unit commands regarding the administrative and disciplinary procedure, and acting as notaries.
The Marine Corps and Coast Guard do not maintain separate JAG Corps, and judge advocates in those services maintain their line-officer status. In the Navy, JAG officers only serve in legal positions. Judge advocates in the Army and Air Force retain eligibility for command and may be assigned to a non-legal position with permission of the Judge Advocate General, but this is only rarely done; the majority serve in legal positions and their careers are therefore similar to those of the Navy.
According to the U.S. Department of Defense, judge advocates typically join the JAG Corps after graduating from law school. An exception is the U.S. Army's Funded Legal Education Program, under which a small number of active-duty officers and non-commissioned officers are selected to attend law school on a full-time basis tuition-free while receiving their military base pay and benefits. Other branches of the U.S. military offer similar programs.
The Uniform Code of Military Justice, 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, including military retirees as well as members of other federal uniformed services (such as NOAA Corps and the Public Health Service Commissioned Corps) when attached to the military. The UCMJ was created by an act of the United States Congress 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, Captain's Mast (Navy), or Office Hours (Marines).)