Judge Advocate General Course Guide
 
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Chief Instructor: Instructor Anthony Murphy
Assistant Instructor:
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Table of Contents
  1. Introduction
  2. Starfleet and JAG's Mission
  3. Legal Services
    1. Judicial
    2. Defensive
  4. Method of Simming
  5. Protocal and Procedure
  6. Jurisdiction
  7. JAG Training
    1. Law: Starfleet: Administrative
    2. Law: Starfleet: Claims
    3. Law: Starfleet: Criminal
    4. Law: Starfleet: Interplanetary
    5. Law: Starfleet: Operational

  1. Introduction
        Throughout Starfleet's history, a single legal organization has prevailed, pursuing and achieving justice in military courts of law. This organization is the Judge Advocate General's, or JAG, Corps. Based out of Starfleet's JAG offices on Earth, the fleet's JAGs are responsible for the investigation, prosecution, and defense of the men and women enlisted in Starfleet. In addition, Starfleet Judge Advocates assist in the development and ratification of treaties and act as legal advisors to members of the UCIP admiralty. The JAG office is the most powerful and influential, and as such, is considered to be the pinacle within Starfleet. Its officers are of the highest calibre, upholding the principles of both Starfleet and the United Confederation of Interstellar Planets.
     
    Each holding a legal degree, Starfleet Judge Advocates uphold and protect the rights of Starfleet personnel and the virtues of the Federation and Starfleet Charters. Newly commissioned judge advocates receive immediate responsibility in handling significant legal issues. They encounter a diversified, challenging and rewarding law practice stationed throughout the Federation.

  2. Starfleet and JAG's Mission
        Starfleet's mission is to:
    1. Provide a visible, credible, and realistic capability to support the Federation's political initiatives.
    2. Deter war against the Federation.
    3. Win and terminate a conflict on terms favorable to the Federation if war should occur.
    4. Research and exploration of space.

    The Judge Advocate General Corps primary mission in a theater of operations is to support the commander of his assigned unit by providing professional legal services as far forward as possible at all echelons of command throughout the operational continuum.

  3. Legal Services
        Starfleet Judge Advocates provide legal services in the form of professional advice, representation, support, research, training, and assistance designed to resolve legal issues to commanders, staffs, and other authorized personnel. The JAG commander determines legal requirements based on the mission and the law. Two types of legal services exist: judicial, and defense.
    1. Judicial
          Judicial legal services secure fair and impartial justice proceedings within Starfleet. The JAG Commander presides over general and special courts-martial and all hearings. They perform all judicial duties required or authorized by law. Starfleet Judge Advocates also perform magistrate duties, such as issuing authorizations to search for and seize evidence based on probable cause (Search Warrant). Generally, JAG officers will be responsible for the investigation and prosecution of the case they are assigned to.

    2. Defensive
          Defense legal services are provided to individual personnel to secure fair and impartial justice and adverse administrative proceedings within Starfleet. Judge Advocates provide defense legal services to those officers which have charges laid against them. They represent personnel before courts -martial, administrative boards, and other proceedings and act as consulting counsel as required by law or regulation or authorized by The JAG Commander.

  4. Method of Simming
        Because the JAG Office investigates the actions of others, there is no set time that the JAG Office SIMs, unlike a Starship or Starbase which SIM on IRC at a set time and date. JAG Officers are given cases to work on which will usually require that they spend time aboard the ship or StarBase etc.. in order to carry out the investigation. This means that they must be able to attend the particular time of the SIM upon which the investigation is taking place, or alternatively the case may be able to be completed from the JAG offices on Earth via Email Simming.
     
    In either scenario, the JAG Office is a combination of both IRC and Email simming. The IRC aspect can involve such things as interviewing witnesses, moving around ship and searching through a conduit to find the evidence of sabotage and so forth, basically things which may require the live interaction with another person or thing. The Email simming is the other side which makes up the JAG office. When officers become part of the JAGC, they are placed on an email Listserver which they are free to use to partake in email simming, much like the current Email Starships. This is a good way for officers who have completed an assignment to return to Earth and present their findings to the JAG Commander through an Email Simlog, or perhaps for officers who have no current assignment to simply interact with others in the office, scussing cases, going over strategy etc or even developing a plot of your own.. and also for the JAG Commander to present new assignments to the JAG Officers or inject a little conspiracy to spice things up :)
     
    The performance of JAG Officers, like the crew of a Starship, is monitored by the JAG Commander. Officers are assessed on how well they handle assigned cases, as well as their participation in the Email Simming (and also IRC). Creative officers and those that show initative will prove the most succesful.

  5. Protocal and Procedure
        The JAG Commander is contacted by the officer(s) of Starfleet who wish to acquire the services of the JAGC, explaining the situation to the JAG Commander. Provided the matter is not trivial or necessary/unjustifiable, the JAG Commander will assign the case to a pair of Judge Advocates. The JAG Officers assigned to the case will contact the Commander of the Simulation upon which the investigation has originated from and inform him/her that an investigation is taking place and why. Upon informing the CO the investigation is taking place, the JAG Officers will begin their investigation and start gathering the facts and evidence relevant to the case.
     
    In criminal cases involving the defense and/or prosecution of Starfleet Officers, a hearing will take place where the JAG Commander will preside and listen to the facts presented. The prosecution will open with their opening statement, followed by the defense's opening statement. Witnesses and material will be presented by the prosection, which the defense will then cross-examine. After both parties have conluded their cases and delivered their closing statements, the JAG Commander will deliver his/her verdict and comments.

  6. Jurisdiction
    1. The Judge Advocate General's Corps has the power to investigate any and all matters brought to their attention which concern Starfleet Officer(s).
    2. In conducting their investigation, none of the Starfleet Officers involved with the Starship, Starbase or other facility/installation upon which the investigation is taking place, shall hamper or obstruct in any way a JAG Officer's inquiry. Any officer(s) found to be in violation of this directive by the JAG Officer might be reprimanded.
    3. When conducting an investigation on either a Starship, Starbase or other facility/instillation, a JAG officer will at all times respect the authority of the Commander of that Starship, Starbase or facility unless doing so would obstruct the investigation. In such circumstances where the JAG Officer is of the opinion that the Captain is obstructing the progress of the investigation, he/she is to consult the JAG Commander of a suitable course of action to follow.
    4. The JAGC has the authority to investigate situations that occur outside of Starfleet, but are subject to the laws and regulations of that region. (ie..KDF, RSE) Such an investigation can only occur if it involves a Starfleet Officer.

  7. JAG Training

  1. Administrative Law
        Administrative law encompasses the statutes, regulations, and judicial decisions that govern the establishment, functioning, and command of Starfleet organizations. Judge advocates interpret statutes and regulations, provide the commander and staff advice and guidance, and represent Starfleet before administrative and judicial proceedings. Administrative law includes, but is not limited to:
    1. The law of Starfleet installations and the commanded power to command and control the installation (legal basis of command).
    2. Starfleet assistance to civil authorities, which includes the use of forces to assist civilian law enforcement authorities, to restore and maintain public order, and for emergencies and public safety; the loan of military resources; and the role of personnel in civil disturbance operations.
    3. Line of duty investigations and determinations.
    4. Standards of conduct.

  2. Claims
        Starfleet claims program involves the investigation, processing, and administrative settlement of claims - both by and against Starfleet -interplanetary under statutes, treaties, interplanetary agreements, Starfleet directives, and Starfleet regulations. The bases for claims include:
    1. Damage or injury caused by the negligent or wrongful acts or omissions of Starfleet personnel acting within the scope of their employment.
    2. Damage or injury caused by noncombat activities; i.e., activities that are essentially Starfleet in nature and have little parallel in civilian life.
    3. Loss, damage, or destruction of personal property of personnel or civilian employees under Direct Authority of Starfleet; e.g., the loss, damage, or destruction of household goods during a permanent change of station move.
    4. The negligent or intentional infliction of damage to Federation property.

  3. Criminal Law
        Criminal law governs the administration of Starfleet justice. Discipline, good order, and morale depend on a fair and properly administered Starfleet justice system.

  4. Interplanetary Law
        Interplanetary agreements, interplanetary customary practices, and the general principles of law recognized by civilized worlds comprise interplanetary law. Judge advocates advise commanders and staffs on:
    1. The rights and obligations of the organization under interplanetary law--particularly status of forces and host world support agreements.
    2. Negotiations with foreign governments.
    3. The exercise of criminal jurisdiction over Federation forces and accompanying personnel by foreign governments.
    4. Legal liaison with the host world and other allied forces.

  5. Operational Law
        Operational law is the application of domestic, interplanetary, and foreign law to the planning for, training for, deployment of, and employment of Starfleet forces. Operational law legal services increase the effectiveness of Starfleet forces by assisting commanders to employ them lawfully. Judge advocates:
    1. Advise the commander, staff, and subordinate commanders on the law of war; all relevant interplanetary law matters, including status of forces and other interplanetary agreements and treaties; and domestic law addressing the use of Starfleet forces abroad, such as the War Powers Resolution. These matters include advice on:
      1. Operations plans and orders.
        1. Targets and weapons.
        2. The investigation and disposition of alleged violations of the law of war (war crimes).
        3. Treatment of detainees, enemy prisoners of war, and refugees.
        4. The seizure and requisition of private properly for military use.