Military judges benchbook united states marine corps. Military judges benchbooks provide trial procedure and instructions as well as jury instructions. T h i s p u b l i c a t i o n w a s o r i g i n a l l y published on 01 april 2001. Tagged judges bench book, online bench book, prof simon, trials, u of m, wikipedia message from site manager retired judge alan pendleton this training site contains the complete repository of the pendleton judicial training updates. The army judge advocate generals corps is the oldest of the judge advocate communities in the u. Department of the army washington, dc 01 january 2010 department of the army pamphlet 279 legal services military judges benchbook by order of the secretary of the army. Military lawyers are part of the judge advocate general corps jag.
The judge advocate general, who is referred to as tjag pronounced teajag, serves a term of four years. Military judges benchbook headquarters marine corps. A jag character a military legal courtmartial, etc dramathriller wiki. Article 120 now contains only adult sexual assaults in four different types, while articles 120b and 120c contain sexual assaults against children and other miscellaneous sexual misconduct, respectively. This revised department of the army pamphlet incorporates the substantive criminal law found in. This revised department of the army pamphlet incorporates the substantive criminal law found in the manual for courtsmartial, through the 2002 edition.
The military benchbook is now available via a web app, at to whoever is responsible for this. Military lawyers, also known as judge advocates, are attorneys who have graduated from an accredited law school, and are licensed to practice law by the highest court of a state or federal court. Electronic benchbook offline version download instructions. The benchbook provides information on every step of the injunction process, complete with flowcharts and. Similar to the defense property system dps for filing a claim online, pclaims is the online version of transferring a claim to the military claims office mco. Pursuant to article 146a, uniform code of military justice, the judge advocates. Clamo supports judge advocates by analyzing all data and information collected from foreign and domestic operations, developing lessons learned across all military legal disciplines, and by disseminating those lessons and associated documents authorities, guides, templates, etc. Each publication indicates through which date it is current. Sep 19, 2016 electronic military judges benchbook and. Oclcs webjunction has pulled together information and resources to assist library staff as they consider how to handle coronavirus. Military judges benchbook headquarters marine corps marines.
The judge advocates handbook for litigating national security cases prosecuting, defending and adjudicating national security cases national security and intelligence law division code 17 office of the judge advocate general department of the navy washington navy yard 22 patterson avenue washington, d. This revised department of the army pamphlet incorporates the substantive criminal law found in the manual for. Morrow administrative assistant to the secretary of the army history. Military judges benchbook headquarters department of the army washington, dc 1 january 2010 unofficial this version contains all approved changes as of. District court judges has provided a concise, practical guide to situations federal judges are likely to encounter on the bench. This is a must read for staff judge advocates, chiefs of military. The posttrial handbook a guide for military justice practitioners office of the clerk of court. Updates occur regularly for any book affected by recent court or legislative activity. Army swears in 1st woman as judge advocate general. This revised department of the army pamphlet incorporates the substantive criminal law found in the manual for courtsmartial, through the 2008 edition. In trials before the court of military appeals or the branchcourts, if the defendant is a military person of rank equal to or lower than lieutenant colonel the two military judges should have the rank of lieutenant colonel or equivalent rank 5. There are two main ways to find what you need in the benchbook. Electronic military judges benchbook and installation instructions. Benchbooks provide an overview of legal procedure for a judge.
Prior to that time, the legal advisor to courtmartial panels juries was called a law officer, and the law officer did not have the authority and powers of todays military judges. Legal jagcnet alaska department of military and veterans. Army judge advocate general corps that provides a wealth of legal information for service members. Civ il proceedings, criminal proceedings, and evidence. Presently, the army court of criminal appeals is composed of three judicial panels, each with three appellate judges one of which is the senior judge, a commissioner, and paralegal. The chief judge, while not assigned fulltime to a single panel, sits on cases with judges from all three panels and has his own commissioner. The september 10, 2014, version of the military judges benchbook is available on the army trial judiciarys website here you may have to scroll down significantly to see the page content. Domestic violence cases in criminal court to nonjudges, and as consideration, the publisher will print copies of both handbooks and both benchbooks to be distributed to california judicial officers. Trial judiciary announces publication of military judges benchbooks for trials of enemy prisoners of war and provost courts. The department provides criminal law instruction required for the certification of military judges, trial counsel prosecutors, defense counsel, special victim counsel attorneys who represent victims of sexual offenses, and new judge advocates. Military and naval science court martial laws, regulations and rules courtsmartial and courts of inquiry judge advocates military law military offenses military physicians training soldiers. This pamphlet applies to the active army, the army national guard of. Avoiding voir dire pitfalls the air force jag corps reporter. Military criminal justice is governed by the uniform code of military justice.
The september 10, 2014, version of the military judges benchbook is available on the army trial judiciarys website here you may have to scroll down significantly to see the page cont. Crown court compendium updated december 2019 courts. Download it once and read it on your kindle device, pc, phones or tablets. United states army court of criminal appeals wikipedia. Jags can offer help in legal and nonlegal matters like contract law, immigration law, divorce, wills, notary services, etc. Bb form 1 9 aug 19 please contact the jagcnet service desk at usarmy. The judge advocate generals school, the centers graduatelevel division, is accredited by the american bar association to award the master of laws. Foreword to the posttrial handbook there will come a time when you believe everything is finished. By downloading the pdf version and opening the criminal trial courts bench book you are agreeing that it is your responsibility to ensure that you download the latest release of the bench book from the judicial commissions website so you have the latest pdf version it is suggested that you check at least monthly. Coordinates the judge advocate generals legal center and school educates military, civilian, and international personnel in legal and leadership skills the center is operated by the united states army and is located in charlottesville, virginia. Proposed instruction to convict sgt bergdahl of desertion charge i, the prosecution must prove beyond a reasonable doubt that his specific intent was to shirk important service and avoid hazardous duty. The military judge finishes the preliminary instructions and her voir dire and. A day in my life usually began with packing a suitcase. They are used in conjunction with manuals on civil procedure, criminal procedure, and evidence to assist the judge in trial and are generally published on narrow areas of law.
Mji benchbooks easyblog michigan judicial institute. Military judges are normally collocated with sja sections at ascc, corps, and division, depending on judicial workloads. Public access to jagcnet blocked article the united. The military judge took an unusual approach to findings in this case.
Below is a list of useful templates that can be used for guidance, and have been developed by the office of military justice, commandant cglmj, based on numerous requirements set forth by the mjm, mcm, and other federal codes and statutes. General district court judges juvenile and domestic relations district court judges from. It is also i n t e n d e d a s a p r a c t i c a l g u i d e f o r c o u n s e l, staff judge advocates, commanders, legal spe cialists, and others engaged in the administra tion of military justice. This publication is a new department of the army pamphlet.
Access to jagcnet public and intranet sitesarcyber has directed the blocking of numerous public and private linked websites hosted by the pentagon headquarters enterprise network hen for. Military judges are selected by the judge advocate general, upon recommendation by the chief trial judge. Work on the 2010 edition of the evidence benchbook was overseen by an editorial advisory committee facilitated by mji. Judges benchbook benchbook, used by all services, which contains. Legal assistance services the official army benefits website.
Military judges benchbook this revised department of the army pamphlet incorporates the substantive criminal law found in the manual for courtsmartial, through the 2012 edition. The judge advocate generals legal center and school tjaglcs seeks to be the premier legal institution in the federal government, providing legal education, strategic planning, and collection and integration of lessons learned for the army judge advocate generals corps jagc, as well as the dod legal community. Judge advocates and dod civilian attorneys assigned to assist eligible individuals with personal legal problems are known as legal assistance attorneys. Military judges benchbook for trial of enemy prisoners of war. Legal services military judges benchbook for provost courts. Judge advocate generals corps, also known as jag or jag corps, refers to the legal branch or specialty of a military concerned with military justice and military law. Use features like bookmarks, note taking and highlighting while reading army pam military judges benchbook. Military judges benchbook this revised department of the army pamphlet incorporates the substantive criminal law found in the manual for courtsmartial, through the 2008 edition. Army publishes revised version of the military judges benchbook.
In 1951, the judge advocate general of the army established this courts predecessor, the u. Military justice, the judge advocate and the 21st century. Trial judiciary judge advocate generals corps, united. This is the 2017 version of the electronic military judges benchbook. Im not aware of any other military justice developments at the supreme court, where im tracking eight cases. Although the benchbook is written primarily for district and magistrate judges, bankruptcy judges also. Knappsanders building campus box 3330 uncchapel hill, chapel hill, nc 275993330. A day in the life of a military trial judge the national.
Electronic benchbook setup introduction the electronic benchbook ebb is a microsoft word based application that is used to generate a bench book for judges, attorneys, etc. Today, tsgt cody smith was the 49th special tactics airman to receive this medal since sept. The manual for courtsmartial mcm, united states 2016 edition updates the mcm 2012 edition. Headquarters department of the army washington, dc 1 january 2010 unclassified. Military judges benchbook army this link opens in a new window. The commissioner for federal judicial affairs is seeking applications from barristers or advocates who meet the eligibility requirements for appointment as a regular force or reserve force military judge to fill military judge vacancies that might open up at court martial in the next three year period. The navy judge advocate generals corps provides solutions, from a military perspective, to legal issues involving military operations, organization, and personnel, wherever and whenever such solutions are required, with primary focus on operations, accountability, sailor. You do not need administrator rights to your system for this version. Your military defense lawyer should be well versed in this book and these instructions. In the united states military, the army court of criminal appeals acca is an appellate court. Another official source of practice materials is the military judges benchbook, da.
This code was originally written by col keith hodges when it was the computer benchbook the cbb seen in the code in the mid to late 90s and substantially rewritten by me around 2001 through 2004 to add the current socalled thumb drive benchbook datetd version. Navigation bars for the benchbooks four sections general, criminal, civil, evidence appear at the top of the page. General, united states army chief of staff official. Contents equal treatment bench book february 2018 ii introductory explanations by the judge 116. The michigan judicial institute mji publications team is primarily responsible for revising and updating inhouse publications. Home military justice research guide libguides at rutgers law.
Military courts, military judges and military magistrates. Search and seizure, and california judges benchbook. Caaflog this week in military justice november 5, 2017. Military justice and procedural treatises provide practical guidance aimed at jag officers. Criminal trial courts bench book judicial commission of new. This pamphlet sets forth pattern instructions and suggested. District court judges benchbook, 2019 edition date. The original content of this benchbook was a chapter in the former michigan circuit court benchbook, which was revised in 2009 and divided into three separate benchbooks. Reliable information about the coronavirus covid19 is available from the world health organization current situation, international travel.
For trials against defendants of higher rank, the judges should have the same rank as the defendant. Military judges benchbook, with respect to the specification of charge i. May 02, 2008 instructions handbook, california judges benchbook. Legal services military judges benchbook department of the army pamphlet 279 h i s t o r y. December 10, 2019 enclosed with this memorandum please find the 2019 edition of the district court judges benchbook. It is also i n t e n d e d a s a p r a c t i c a l g u i d e f o r c o u n s e l, staff judge advocates, commanders, legal specialists, and others engaged in the administration of military justice. Military and naval science court martial standards courtsmartial and courts of inquiry prisoners of war laws, regulations and rules war international law. While it is not a substitute for actual legal advice, the information on the site is invaluable and answers many of the questions people ask. The army ccas website, as well as the army jag corps network website, have not been accessible to the public for approximately two weeks today i learned that this is due to ongoing security upgrades, and that public access will eventually be restored hopefully within another 23 weeks. A showdown loomed within the democratic party over how to prosecute sexual assault in the military. Army pam military judges benchbook kindle edition by us army.
The manual for courtsmartial mcm, united states for 2019 was just released on 1 january. Providing a preconfigured template allows the user to be sure that all of the pertinent documents are available and completed for use, in an easy. The compendium is intended to replace all of the guidance previously. Military judges benchbook for trial of enemy prisoners of. By zachary d spilman, wednesday, september 24, 2014. Nov 05, 2017 this week in military justice november 5, 2017. The judge advocate generals legal center and school. Military judges benchbook for provost courts history. This electronic edition publishes the basic 2001 edition and incorporates change 1. The military judge s benchbook mjbb is the bible for how a military judge will instruct the members of your courtmartial under the ucmj. This is a new department of the army pamphlet specifically tailored for trials. A practice tip is to consult your military judge before citing your voir dire questions in subsequent argument as military judges may differ on acceptance.
Jagcnet is a legal information portal maintained by the u. Numerous and frequentlyupdated resource results are available from this search. The drug court judicial benchbook prepared by the national drug court institute, the education, research, and scholarship affiliate of the national association of drug court professionals. Through maximum use of the military judges benchbook and other aids, the judge must always skillfully maintain a prudent balance in this regard. The position of military judge was created in 1969 with the implementation of the military justice act of 1968. It has been prepared primarily to meet the needs of military judges. Nc superior court judges benchbook school of government. This pamphlet sets forth pattern instructions and suggested procedures applicable to provost courts by general and special courtmartial. It is a complete reprinting and incorporates the mcm 2012 edition, including all amendments to the preamble, rules for courtsmartial r. Trial judiciary announces publication of military judges.
The military benchbook is now available via a web app, at army. Updated december 2019 the main aim of this compendium is to provide guidance on directing the jury in crown court trials and when sentencing, though it contains some practical suggestions in other areas, for example jury management, which it is hoped will be helpful. Military, judges bench book for provost courts by department. The navy judge advocate generals corps provides solutions, from a military perspective, to legal issues involving military operations, organization, and personnel, wherever and whenever such solutions are required, with primary focus on operations, accountability, sailor legal readiness, and navy legal readiness.