What is the United States Army JAG?
The Army JAG Corps – or Judge Advocate General Corps of the United States Army – are the acting legislative body responsible for the legal oversight with regard to the United States Army. Army JAG Corps not only oversee the court martial process, but also are responsible for upholding the maintenance of the protocols and parameters expressed within the Uniform Code of Military Justice (UCMJ).
The Army JAG Judicial System
In many cases, the legal issues addressed by the acting Army JAG Corps are specific – these include war crimes, treason, sedition, the refusal to obey orders, undue violence, and offenses directed against military personnel:
Absent Without Leave (AWOL): The unlawful desertion of a service member with regard to their respective commitment to the United States Armed Forces; individuals deemed to have abandoned positions may be tried by military court and subsequently court martialed.
Army JAG Court Martial: An Army JAG court martial exists in the event that an offense is deemed to be under the jurisdiction of both military court judicial review, as well as military court oversight; court martials may mirror the legal process that exists within civil court, yet military personnel – service members and prisoners of war – are the only individuals able to be subject to such proceedings. Matters involving United States Armed Forcedservice members may constitute overlapping legal fields with regard to the corresponding legal proceeding.
Army JAG Legal Jurisdiction
In the event that an individual is brought before a military court with regard to matters concerning the United States Armed Forced, service members should be made aware that military law – as well as the Uniform Code of Military Justice – varies on a locational basis:
Civil Law: Legal parameters implicit within both the process of Military judicial review, as well as punitive recourse imposed by Federal Judicial Officials or Army JAG Corps may be handled outside of the protocols latent within Civil Law
Military Law: In certain cases, military law is similar to civil law in the manner that applicable legal codes specify any or all punitive recourse with regard to crimes and offenses; military law offers a specific framework for conducting, trying, and sentencing. On the other hand, military law differs from civil law – specifically with regard to matters overseen byArmy JAGCorps – as such matters are neither standard nor applicable to civilian legislative parameters; as a result, legality specific to military service may be subject to military judicial review, as well as military court-mandated classification and punishment(s).
Federal Law: As per the guidelines expressed within the disbursement of a triune governmental oversight system, the United States Armed Forces exist under the jurisdiction of the Executive branch of the government; this results in the appointment of the President of the United States as the Commander in Chief of the entirety of the Armed Forces.
Army JAGCorps and the Uniform Code of Military Justice (UCMJ)
Individuals in the service of the United States Military are typically subject to their respective adherence to the Uniform Code of Military Justice (UCMJ):
• The UCMJ is considered to be a code of legislative protocol with regard to legal matters applicable to service members – service members may be subject to be tried under military court in lieu of civil court
• Those serving in the United States Military do so under the implicit understanding service members may be subject to Military Court hearings in lieu of Civil Court hearings. Matters undertaken under the jurisdiction of the military, such as the United States Army JAG, will be assessed by court officials appointed for the oversight of such matters