4,950
edits
SFJAG FAQ: Difference between revisions
From StarFleet Bureau of Information
m
no edit summary
mNo edit summary |
mNo edit summary |
||
| (25 intermediate revisions by the same user not shown) | |||
| Line 3: | Line 3: | ||
{{Template:header_menu}} | {{Template:header_menu}} | ||
<br> | <br> | ||
<center style="font-weight:700; color:white; font-size: | <center style="font-weight:700; color:white; font-size: 50px; font-family: 'Yu Gothic UI Semibold',sans-serif; text-shadow: 4px 4px 4px black">Star Fleet JAG<br> Frequently Asked Questions (FAQ)<br></center><br> | ||
[[Image:Sfjag_wht_200.png|150px | <div style="float:right; margin-right:50px;">[[Image:Sfjag_wht_200.png|150px]]</div> | ||
< | <h3 style="font-family: 'Trebuchet MS','Arial'; color: royalblue; font-weight: bold; border-bottom-style: none; border-style: none;">Where is SFJAG Headquarters</h3> | ||
SFJAG HQ is based on SB Alpha, with | SFJAG HQ is based on SB Alpha, with planetside facilities on Terra in the San Francisco and Marseille, France campuses. Furthermore, each capital Starbase is assigned a Divisional Starbase Officer (DSO), typically a Captain, who along with their staff execute the SFUCMJ for all Star Fleet units attached to that Star Base. For more details on the organizational structure, visit [[SFJAG_TOO |SFJAG Table of Organization]] | ||
< | <h3 style="font-family: 'Trebuchet MS','Arial'; color: royalblue; font-weight: bold; border-bottom-style: none; border-style: none;">What does the SFJAG Corps do in ASR?</h3> | ||
< | Glad you asked! SFJAG officers frequently assist unit Commanders in virtually every division of Star Fleet. We advise commanders, ensure justice for individuals, and administer timely and fair processes for all participants to enable good order and discipline consistent with the Articles of Federation and the Uniform Code of Military Justice. We provide a wealth of information and services across all branches of Star Fleet, both in and out of the courtroom. We aim to deliver excellence at every encounter, and to provide competent legal analysis and execution in a variety of environments. | ||
<h4 style="font-family: 'Trebuchet MS','Arial'; color: royalblue; font-weight: bold; border-bottom-style: none; border-style: none;">Examples of non-trial related activities include:</h4> | |||
<h5 style="font-family: 'Trebuchet MS','Arial'; color: royalblue; font-weight: bold; border-bottom-style: none; border-style: none;">Administrative Law</h5> | |||
We deliver legal services, advice, and advocacy, to preserve and protect Star Fleet's essential resources - its people, platforms, ranges, and property. SFJAG Officers give advice to commanders and staff officers on issues as varied as personnel law, environmental law, as well as in such areas as intelligence oversight and military enforcement of civil laws. | |||
<h5 style="font-family: 'Trebuchet MS','Arial'; color: royalblue; font-weight: bold; border-bottom-style: none; border-style: none;">Contract Law</h5> | |||
SFJAG contract attorneys review most contracts for supplies, services, construction, and research and development; render legal opinions on procurement procedures, bid protests, contract terminations and contract appeal disputes; and serve as legal advisors to contracting officers and boards of award. Judge advocates litigate contract disputes before the Star Fleet Board of Contract Appeals and the UFP Court of Claims. | |||
<h5 style="font-family: 'Trebuchet MS','Arial'; color: royalblue; font-weight: bold; border-bottom-style: none; border-style: none;">Education</h5> | |||
Experienced and qualified SFJAG attorneys may be selected to teach on the faculty of The Judge Advocate General's School at Marseille, France; The Star Fleet Academy at San Francisco; on capital Starbases, or other institutions of higher learning throughout the Federation. Accomplished SFJAG Officers frequently publish scholarly articles in the Star Fleet Military Law Review and other civilian legal publications. | |||
<h5 style="font-family: 'Trebuchet MS','Arial'; color: royalblue; font-weight: bold; border-bottom-style: none; border-style: none;">Interplanetary Law</h5> | |||
Star Fleet personnel are stationed in 100's of Member and Protectorate worlds throughout the Federation. It is inevitable, therefore, that questions will arise about the interpretation of intergalactic agreements as well as interplanetary laws. | |||
Judge advocates participate actively in negotiating and drafting interplanetary agreements such as base rights, status of forces and personnel exchange agreements. JAGC officers observe and report upon foreign trials of Star Fleet personnel, and assist personnel confined in foreign prisons. They review military operations plans and provide advice on the laws of war, rules of engagement, domestic law relating to employment of forces and support of our allies, and the legal aspects of civil affairs. Often SFJAG Officers will collaborate with counterparts from the UFP Attorney General's Officer in matters of joint Star Fleet-Federation interest. | |||
<h5 style="font-family: 'Trebuchet MS','Arial'; color: royalblue; font-weight: bold; border-bottom-style: none; border-style: none;">Legal Assistance</h5> | |||
SFJAG Officers see and counsel service members, retirees and their families regarding their personal legal problems for free, no exorbitant attorney fees! These cases cover many areas such as estate planning, family law, and jurisdictional issues across all Federation members worlds. | |||
<h5 style="font-family: 'Trebuchet MS','Arial'; color: royalblue; font-weight: bold; border-bottom-style: none; border-style: none;">Medical Law</h5> | |||
A few Judge Advocates specialize in the legal problems peculiar to hospital administration, medical practice and research. They may be involved in such matters as the credentialing of health care professionals, human subject research, risk management programs and medical malpractice claims. | |||
<h4 style="font-family: 'Trebuchet MS','Arial'; color: royalblue; font-weight: bold; border-bottom-style: none; border-style: none;">Examples of trial-related activities include:</h4> | |||
<h5 style="font-family: 'Trebuchet MS','Arial'; color: royalblue; font-weight: bold; border-bottom-style: none; border-style: none;">General courts-martial:</h5> | |||
This is the most serious form of military judicial proceeding. Facing a general court-martial is much like facing a felony charge in civilian court. The SFUCMJ requires hearings and presentation of evidence following an investigation. | This is the most serious form of military judicial proceeding. Facing a general court-martial is much like facing a felony charge in civilian court. The SFUCMJ requires hearings and presentation of evidence following an investigation. | ||
< | <h5 style="font-family: 'Trebuchet MS','Arial'; color: royalblue; font-weight: bold; border-bottom-style: none; border-style: none;">Special courts-martial:</h5> | ||
These courts are convened to handle the equivalent of civilian misdemeanor offenses such as certain drug crimes. While not as serious as general courts-martial, a special court-martial can hand down significant punishments, including confinement for up to one year, forfeitures, reduction in rank and a bad-conduct discharge. | These courts are convened to handle the equivalent of civilian misdemeanor offenses such as certain drug crimes. While not as serious as general courts-martial, a special court-martial can hand down significant punishments, including confinement for up to one year, forfeitures, reduction in rank and a bad-conduct discharge. | ||
< | <h5 style="font-family: 'Trebuchet MS','Arial'; color: royalblue; font-weight: bold; border-bottom-style: none; border-style: none;">Summary courts-martial:</h5> | ||
Minor charges and accusations are often resolved through summary courts-martial. Most often held in lieu of Article 15 NJD proceedings. | Minor charges and accusations are often resolved through summary courts-martial. Most often held in lieu of Article 15 NJD proceedings. | ||
< | <h5 style="font-family: 'Trebuchet MS','Arial'; color: royalblue; font-weight: bold; border-bottom-style: none; border-style: none;">Appealing courts-martial:</h5> | ||
Just like a person convicted of a crime in a civilian court, a military service member who receives an adverse courts-martial ruling has the right to appeal. | Just like a person convicted of a crime in a civilian court, a military service member who receives an adverse courts-martial ruling has the right to appeal. | ||
< | <h5 style="font-family: 'Trebuchet MS','Arial'; color: royalblue; font-weight: bold; border-bottom-style: none; border-style: none;">Administrative Separation Board Hearings:</h5> | ||
Enlisted personnel have the right to a board hearing if they have at least six years' active duty or are threatened with an other than honorable discharge. The process often begins with a command investigation that looks into alleged misconduct or perceived lack of performance. | Enlisted personnel have the right to a board hearing if they have at least six years' active duty or are threatened with an other than honorable discharge. The process often begins with a command investigation that looks into alleged misconduct or perceived lack of performance. | ||
< | <h5 style="font-family: 'Trebuchet MS','Arial'; color: royalblue; font-weight: bold; border-bottom-style: none; border-style: none;">Boards of Inquiry:</h5> | ||
In situations involving officers, the board of inquiry is charged with determining whether alleged misconduct or substandard performance occurred and whether the circumstances justify separation from the service. The board will consist of senior officers and is typically convened after an incident occurs that damages the reputation of the officer or the branch. | In situations involving officers, the board of inquiry is charged with determining whether alleged misconduct or substandard performance occurred and whether the circumstances justify separation from the service. The board will consist of senior officers and is typically convened after an incident occurs that damages the reputation of the officer or the branch. | ||
< | <h3 style="font-family: 'Trebuchet MS','Arial'; color: royalblue; font-weight: bold; border-bottom-style: none; border-style: none;">Are SFJAG officers line or staff designated? </h3> | ||
Neither actually. SFJAG officers are designated Limited Duty Officers (LDO). The term "limited duty" refers not to an LDO's authority, but rather the LDO's career progression and restrictions. In general, they may succeed to command activities which have a primary function corresponding to their Star Fleet officer designator or SF Marine Corps MOS. In this sense, LDO’s are in the middle between Line and Staff officers, not unlike their Warrant Officer brethren who serve in technical roles above Enlisted grades and below the commissioned Officer corps. | |||
<br> | |||
<h3 style="font-family: 'Trebuchet MS','Arial'; color: royalblue; font-weight: bold; border-bottom-style: none; border-style: none;">Can a higher rank officer give an order to a SFJAG officer?</h3> | |||
'''''SFRCM Rule 104.a.2 Unlawful Command Influence<br> | |||
''No person subject to the UCMJ may attempt to coerce or, by any unauthorized means, influence the action of a court-martial or any other military tribunal or any member thereof, in reaching the findings or sentence in any case or the action of any convening, approving, or reviewing authority with respect to such authority’s judicial acts.'' | |||
No, but for a good reason. To ensure the provision of independent legal services, SFJAG officers are not subject to the command of an officer who is not a SFJAG officer, regardless of rank. In this way, SFJAG officers cannot be intimidated, influenced or otherwise coerced by another officer with regards to the outcome of a pending case. SFJAG officers can operate free from undue influence or conflicts of interest; exercise legal authority to make credibility determinations and findings of fact; be an objective, impartial, inquisitive, unbiased, fair and truth-seeking in their respective roles. | |||
Regulations do allow for extreme exceptions, for example, in combat situations and/or on star ships when the order(s) given have no bearing or relationship to a pending case. SFJAG officers will otherwise follow proper protocols and courtesies when engaging with a superior officer. | |||
< | <h3 style="font-family: 'Trebuchet MS','Arial'; color: royalblue; font-weight: bold; border-bottom-style: none; border-style: none;">Is a SFJAG officer, Legal Services Officer and Legal Services Specialist all the same?</h3> | ||
No, not quite. | No, not quite. | ||
* A SFJAG officer is a commissioned officer from either branch and also a practicing attorney per the UFP Bar Association. | * A SFJAG officer is a commissioned officer from either branch and also a practicing attorney per the UFP Bar Association. | ||
| Line 43: | Line 71: | ||
* A Legal Services Specialist is an Enlisted Rating for professionals who work under the supervision of attorneys. They provide paralegal support to JAG Officers in all aspects of military law and policy administration. | * A Legal Services Specialist is an Enlisted Rating for professionals who work under the supervision of attorneys. They provide paralegal support to JAG Officers in all aspects of military law and policy administration. | ||
< | <h3 style="font-family: 'Trebuchet MS','Arial'; color: royalblue; font-weight: bold; border-bottom-style: none; border-style: none;">Is SFJAG the same as SECIS?</h3> | ||
No, however they work very close together but are two separate divisions in Star Fleet. In the Star Fleet criminal justice system, the service members are represented by two separate yet equally important groups: The Security and Investigative Service (SFSECIS) who investigate the crime(s), and the SFJAG who defend & prosecute the offenders. These are their stories. Bum bum. Both the COMJAG and DIRSECIS report directly to the CSFO. | |||
< | <h3 style="font-family: 'Trebuchet MS','Arial'; color: royalblue; font-weight: bold; border-bottom-style: none; border-style: none;">Is the Star Fleet Inspector General part of the SFJAG Corps? </h3> | ||
No, however just like the Security and Investigative Service (SFSECIS), the SF JAG Corps works jointly with the SFIG on matters presented for hearing and ultimately court-martial. | |||
<h3 style="font-family: 'Trebuchet MS','Arial'; color: royalblue; font-weight: bold; border-bottom-style: none; border-style: none;">I would like to learn more! Can anyone become a SFJAG officer?</h3> | |||
Yes, but the competition for billets can be quite competitive. SFJAG officers are attorneys who have passed the UFP Bar Association exam (or recognized equivalent on a Federation Member world) and received a commission in Star Fleet or the SF Marine Corps via various methods. | |||
<br> | |||
We are a Joint Component Command of Star Fleet. The SFJAG Corps represents, and has jurisdiction over all Star Fleet and SF Marine Corps units. Likewise, our teams are comprised of dedicated officers, warrant officers and enlisted personnel from both services. There are other potential career paths available for non-attorneys as well! See “[[SFJAG_Recruiting|How to join the SFJAG Corps]]” for more details, then contact your local Star Fleet Recruiter! | |||
< | <h3 style="font-family: 'Trebuchet MS','Arial'; color: royalblue; font-weight: bold; border-bottom-style: none; border-style: none;">Works Used:</h3> | ||
Portions of this FAQ were adapted into the ASR world from the following sources: | Portions of this FAQ were adapted into the ASR world from the following sources: | ||
*Canadian Armed Forces Judge Advocate General (JAG) | *Canadian Armed Forces Judge Advocate General (JAG) | ||
*Manual for Courts-Martial United States (2019) | |||
*United States Army Judge Advocate General's Corps | |||
*United States Marine Corps Judge Advocate Division | *United States Marine Corps Judge Advocate Division | ||
*United States Navy Judge Advocate General's Corps | *United States Navy Judge Advocate General's Corps | ||
< | <h3 style="font-family: 'Trebuchet MS','Arial'; color: royalblue; font-weight: bold; border-bottom-style: none; border-style: none;">Document History:</h3> | ||
350905 - Revised, repurposed the original SFJAG FAQ to Letter From the COMJAG - Michael Dailey | 350905 - Revised, repurposed the original SFJAG FAQ to Letter From the COMJAG - Michael Dailey | ||
