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Judge Advocate General's Corps
The Judge Advocate General's Corps, also known as 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 court-martials. History 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. Duties and chain of command Judge advocates serve primarily as legal advisors to the command to which they are assigned. In this ...
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Military Justice
Military justice (also military law) is the legal system (bodies of law and procedure) that governs the conduct of the active-duty personnel of the armed forces of a country. In some nation-states, civil law and military law are distinct bodies of law, which respectively govern the conduct of civil society and the conduct of the armed forces; each body of law has specific judicial procedures to enforce the law. Among the legal questions unique to a system of military justice are the practical preservation of good order and discipline, command responsibility, the legality of orders, war-time observation of the code of conduct, and matters of legal precedence concerning civil or military jurisdiction over the civil offenses and the criminal offenses committed by active-duty military personnel. Military justice is different and distinct from martial law, which is the imposition of direct military authority upon a civilian population, in place of the civilian legal system of law ...
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United States Armed Forces
The United States Armed Forces are the military forces of the United States. The armed forces consists of six service branches: the Army, Marine Corps, Navy, Air Force, Space Force, and Coast Guard. The president of the United States is the commander-in-chief of the armed forces and forms military policy with the Department of Defense (DoD) and Department of Homeland Security (DHS), both federal executive departments, acting as the principal organs by which military policy is carried out. All six armed services are among the eight uniformed services of the United States. From their inception during the American Revolutionary War, the U.S. Armed Forces have played a decisive role in the history of the United States. They helped forge a sense of national unity and identity through victories in the First Barbary War and the Second Barbary War. They played a critical role in the American Civil War, keeping the Confederacy from seceding from the republic and preserving the uni ...
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Reduction In Rank
Reduction in rank may refer to three separate concepts: *In military law, a ''reduction in rank'' or ''degradation'' is a demotion in military rank as punishment for a crime or wrongdoing, imposed by a court-martial or other authority. It may be imposed in conjunction with other punishments, such as a bad conduct or dishonorable discharge, loss of wages, confinement to barracks, or imprisonment in a military prison. *''Reduction in rank'' may also refer to the voluntary, non-punitive practice of taking a lower rank, often as part of joining another military unit or military service. For example, those who join the Special Air Service or Australian Special Air Service Regiment take the rank of trooper, often a lower rank than their previous rank but with greater pay, prestige, and responsibilities. *There is a ''reversion'' in rank after an officer has been temporarily promoted to a higher rank while occupying a position requiring that rank; the officer reverts to the permanent ran ...
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Desertion
Desertion is the abandonment of a military duty or post without permission (a pass, liberty or leave) and is done with the intention of not returning. This contrasts with unauthorized absence (UA) or absence without leave (AWOL ), which are temporary forms of absence. Desertion versus absence without leave In the United States Army, United States Air Force, British Armed Forces, Australian Defence Force, New Zealand Defence Force, Singapore Armed Forces and Canadian Armed Forces, military personnel will become AWOL if absent from their post without a valid pass, liberty or leave. The United States Marine Corps, United States Navy, and United States Coast Guard generally refer to this as unauthorized absence. Personnel are dropped from their unit rolls after thirty days and then listed as ''deserters''; however, as a matter of U.S. military law, desertion is not measured by time away from the unit, but rather: * by leaving or remaining absent from their unit, organizati ...
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Illegal Drug Trade
The illegal drug trade or drug trafficking is a global black market dedicated to the cultivation, manufacture, distribution and sale of prohibited drugs. Most jurisdictions prohibit trade, except under license, of many types of drugs through the use of drug prohibition laws. The think tank Global Financial Integrity's ''Transnational Crime and the Developing World'' report estimates the size of the global illicit drug market between US$426 and US$652billion in 2014 alone. With a world GDP of US$78 trillion in the same year, the illegal drug trade may be estimated as nearly 1% of total global trade. Consumption of illegal drugs is widespread globally and it remains very difficult for local authorities to thwart its popularity. History The government of the Qing Dynasty issued edicts against opium smoking in 1730, 1796 and 1800. The West prohibited addictive drugs throughout the late 19th and early 20th centuries. Beginning in the 18th century, British merchants from th ...
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Sexual Assault
Sexual assault is an act in which one intentionally sexually touches another person without that person's consent, or coerces or physically forces a person to engage in a sexual act against their will. It is a form of sexual violence, which includes child sexual abuse, groping, rape (forced vaginal, anal, or oral penetration or a drug facilitated sexual assault), or the torture of the person in a sexual manner. Definition Generally, sexual assault is defined as unwanted sexual contact. The National Center for Victims of Crime states: In the United States, the definition of sexual assault varies widely among the individual states. However, in most states sexual assault occurs when there is lack of consent from one of the individuals involved. Consent must take place between two adults who are not incapacitated and consent may change, by being withdrawn, at any time during the sexual act. Types Child sexual abuse Child sexual abuse is a form of child abuse in wh ...
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Homicide
Homicide occurs when a person kills another person. A homicide requires only a volitional act or omission that causes the death of another, and thus a homicide may result from accidental, reckless, or negligent acts even if there is no intent to cause harm. Homicides can be divided into many overlapping legal categories, such as murder, manslaughter, justifiable homicide, assassination, killing in war (either following the laws of war or as a war crime), euthanasia, and capital punishment, depending on the circumstances of the death. These different types of homicides are often treated very differently in human societies; some are considered crimes, while others are permitted or even ordered by the legal system. Criminality Criminal homicide takes many forms including accidental killing or murder. Criminal homicide is divided into two broad categories, murder and manslaughter, based upon the state of mind and intent of the person who commits the homicide. A report ...
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Jury
A jury is a sworn body of people (jurors) convened to hear evidence and render an impartiality, impartial verdict (a Question of fact, finding of fact on a question) officially submitted to them by a court, or to set a sentence (law), penalty or Judgment (law), judgment. Juries developed in England during the Middle Ages and are a hallmark of the English common law system. As such, they are used by the United Kingdom, the United States, Canada, Ireland, Australia, and other countries whose legal systems were derived from the British Empire. But most other countries use variations of the European Civil law (legal system), civil law or Islamic sharia, sharia law systems, in which juries are not generally used. Most trial juries are "petit juries", and usually consist of twelve people. Historically, a larger jury known as a grand jury was used to investigate potential crimes and render indictments against suspects. All common law countries except the United States and Liberia hav ...
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Court-martial
A court-martial or court martial (plural ''courts-martial'' or ''courts martial'', as "martial" is a postpositive adjective) is a military court or a trial conducted in such a court. A court-martial is empowered to determine the guilt of members of the armed forces subject to military law, and, if the defendant is found guilty, to decide upon punishment. In addition, courts-martial may be used to try prisoners of war for war crimes. The Geneva Conventions require that POWs who are on trial for war crimes be subject to the same procedures as would be the holding military's own forces. Finally, courts-martial can be convened for other purposes, such as dealing with violations of martial law, and can involve civilian defendants. Most navies have a standard court-martial which convenes whenever a ship is lost; this does not presume that the captain is suspected of wrongdoing, but merely that the circumstances surrounding the loss of the ship be made part of the official record. M ...
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Federal Jurisdiction (United States)
Federal jurisdiction refers to the legal scope of the government's powers in the United States of America. The United States is a federal republic, governed by the U.S. Constitution, containing fifty states and a federal district which elect the President and Vice President, and having other territories and possessions in its national jurisdiction. This government is variously known as the Union, the United States, or the federal government. Under the Constitution and various treaties, the legal jurisdiction of the United States includes territories and territorial waters. Legislative Branch One aspect of federal jurisdiction is the extent of legislative power. Under the Constitution, Congress has power to legislate only in the areas that are delegated to it. Under clause 17 Article I Section 8 of the Constitution however, Congress has power to "exercise exclusive Legislation in all cases whatsoever" over the federal district (Washington, D.C.) and other territory cede ...
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United States Constitution
The Constitution of the United States is the Supremacy Clause, supreme law of the United States, United States of America. It superseded the Articles of Confederation, the nation's first constitution, in 1789. Originally comprising seven articles, it delineates the national frame of government. Its first three articles embody the doctrine of the separation of powers, whereby the federal government of the United States, federal government is divided into three branches: the United States Congress, legislative, consisting of the bicameralism, bicameral United States Congress, Congress (Article One of the United States Constitution, Article I); the Federal government of the United States#Executive branch, executive, consisting of the President of the United States, president and subordinate officers (Article Two of the United States Constitution, Article II); and the Federal judiciary of the United States, judicial, consisting of the Supreme Court of the United States, Supreme C ...
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Nonjudicial Punishment
Non-judicial punishment (or NJP) is any form of punishment that may be applied to individual military personnel, without a need for a court martial or similar proceedings. United States In the United States Armed Forces, non-judicial punishment is a form of military justice authorized by Article 15 of the Uniform Code of Military Justice. NJP permits commanders to administratively discipline troops without a court-martial. Punishment can range from reprimand to reduction in rank, correctional custody, loss of pay, extra duty or restrictions. The receipt of non-judicial punishment does not constitute a criminal conviction (it is equivalent to a civil action), but is often placed in the service record of the individual. The process for non-judicial punishment is governed by Part V of the Manual for Courts-Martial and by each service branch's regulations. Non-judicial punishment proceedings are known by different terms among the services. In the Army and the Air Force, non-judicial ...
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