The JAG Corps was established by George Washington in 1775 to oversee military justice. It has grown to become the law branch of the US Armed Forces and assists all five branches. JAG officers serve as counsel and conduct court martial, and provide legal advice on policy formation and implementation. The Uniform Code of Military Justice was created in 1950 to unify military law. The JAG Corps has been responsible for historic trials and also offers assistance to military personnel and their families in personal legal matters.
Before assuming command of the Continental Army in 1775, George Washington insisted that the Continental Congress appoint a lawyer as Judge Advocate General (JAG) to oversee matters of military justice. Over time the number of lawyers and legal personnel grew and this JAG Corps became the law branch of the United States Armed Forces. It is now one of the largest law firms in the United States.
During World War I, World War II, and the Korean War, many members of the JAG Corps served both on the battlefield and in the classroom, often receiving high commendations. First Lieutenant Samuel Spitzer, a junior JAG officer who spoke German, was awarded a Silver Star for convincing over 500 German soldiers in a French village to surrender. Another JAG officer, Colonel Hubert Miller, was awarded the Distinguished Service Cross for fighting in Normandy.
The JAG Corps assists all five branches of the United States Armed Forces. As in the past, the Marines, Air Force and Coast Guard do not have separate units for their JAG officers, who are also expected to serve as line officers wherever they are. In the Army and Navy, however, these officers are only given lawful jobs.
The JAG Corps’ function is to act as counsel to their command and, at times, as personal counsel. They conduct court martial and provide attorneys for both prosecution and defense in matters of military law under the Uniform Code of Military Justice. They also provide legal advice on policy formation and implementation, and other legal issues that may arise.
Until the end of World War II, military regulations varied between service branches, and matters were decided under the Articles of War established in 1775. In 1947, all branches were united under the newly formed Department of Defense. In 1950, a congressional commission was convened to update and unify military law, creating the Uniform Code of Military Justice. While still more restrictive than other courts, the Code was drafted to incorporate many of the protections found in civil and criminal courts. All branches are now subject to identical standards, ensuring equal treatment of service men and women.
Over the years, the JAG Corps has been responsible for a number of historic trials. During the Revolutionary War, the Judge Advocate General was responsible for the court-martial of Benedict Arnold. When President Lincoln was assassinated, the JAG Corps conducted the Lincoln Assassination Trials and the commandant’s prosecution of Andersonville, a notorious Civil War prison camp. This department also played a significant role in the prosecution of Nazi war crimes at the International Military Tribunal in Nuremberg, Germany. JAG officers served as military governors and helped draft armistice agreements and international treaties.
During World War II, the JAG Corps took on a new role that continues today; offering assistance to military personnel and their families in their personal legal matters. Prior to deployment, JAG officers assist service personnel with wills, powers of attorney, and any other legal matters that might interfere with departure. This assistance continues to be available to service members and their families during their deployment, allowing them to focus on their work and not the legal issues at home.
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