Legal Definitions - Manual of the Judge Advocate General

The Manual of the Judge Advocate General, commonly known as the JAG Manual, is an official directive issued by the Secretary of the Navy. It serves as the comprehensive guide for administering military justice and legal procedures within the Department of the Navy, which encompasses both the U.S. Navy and the U.S. Marine Corps. This manual outlines the rules and protocols for investigations, disciplinary actions, courts-martial, and other legal matters, ensuring the fair and consistent application of military law. While largely uniform, it includes specific provisions that address minor operational and procedural differences between the Navy and the Marine Corps.

• Imagine a Navy legal officer assigned to a destroyer who needs to advise the ship's captain on the proper procedures for conducting a preliminary inquiry into an alleged theft by a crew member. The legal officer would consult the JAG Manual to ensure all steps, from evidence collection to interviewing witnesses and advising the accused of their rights, comply with the established legal framework for military investigations and potential disciplinary actions.

  This illustrates the term because the JAG Manual provides the detailed, authoritative guidance that the legal officer must follow to ensure the investigation is conducted lawfully and fairly, reflecting its role as the Secretary of the Navy's directive on military justice procedures.

• Consider a Marine Corps company commander who discovers that one of their Marines has repeatedly violated curfew. Before deciding on the appropriate non-judicial punishment, such as a reduction in rank or extra duty, the commander would refer to the JAG Manual. This manual would outline the specific types of offenses, the range of punishments available, and the procedural requirements for imposing such discipline, ensuring the commander acts within legal boundaries specific to the Marine Corps.

  Here, the JAG Manual acts as the authoritative source for the commander, detailing the permissible disciplinary actions and the process to be followed, thereby upholding its function as a directive on military justice that accounts for variations between the Navy and Marine Corps.

• Suppose a Navy sailor is being questioned by Naval Criminal Investigative Service (NCIS) agents regarding an incident. The sailor's defense counsel would refer to the JAG Manual to understand the specific rights afforded to service members during questioning, such as the right to remain silent and the right to counsel. The manual would detail the proper advisement procedures that NCIS agents must follow, ensuring the sailor's constitutional and military legal rights are protected.

  This example demonstrates the JAG Manual's role in defining the rights and protections available to service members within the military justice system, ensuring that all investigative and legal processes adhere to the established directives from the Secretary of the Navy.