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SFJAG FAQ: Difference between revisions
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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. | 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. | ||
SFUCMJ Rule 104.a.2 Unlawful Command Influence | |||
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. | |||
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. | 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. | ||