What is the Jagman?
What is the Jagman?
Almost every naval officer will have contact with an administrative investigation (commonly referred to as a “JAGMAN” investigation) during their military career, either as an investigating officer or as a convening authority.
What must all findings of fact cite in the Jagman investigation?
Each fact must be supported by testimony of a witness, statement of the investigative officer, documentary evidence, or tangible (real) evidence attached to the investigative report as an enclosure. Each finding of fact must reference each enclosure that supports it.
What is the standard of proof to establish a fact in a command investigation?
What is the standard of proof to establish a fact in a Command Investigation under Chapter II of the JAGMAN? Preponderance of the evidence (more likely than not).
Who can be an investigating officer navy?
4. An auditor from the IG, DoD; Army Audit Agency; Naval Audit Service; or Air Force Audit Agency can be considered to be fully qualified to serve as an investigating officer if he or she has an appropriate background in fiscal matters.
What is the purpose of an Article 32 investigation?
The purpose of an Article 32 Preliminary Hearing is to conduct a “Pretrial Preliminary Hearing” (pre Courts-Martial hearing) to inquire into the facts and substance of the accusation(s) set forth in the charges; to consider the form of the charges; and to determine what disposition should be made of the case in the …
Does JAG do investigations?
Although the Uniform Code of Military Justice is intended to apply across all armed services, each has developed its own tools and procedures for investigating offenses and prosecuting them. There are dedicated agencies for conducting criminal investigations, and JAGs may often advise them.
What is an Article 31?
Article 31 of Uniform Code of Military Justice (10 U.S.C. § 831) protects service members against compulsory self-incrimination and requires that they be informed of the alleged offense before being questioned.
What is a military board of inquiry?
A Military Board of Inquiry (BOI) is made up of officers who must be senior in grade to the officer who is the subject of the BOI. Board of Inquiry is an administrative process reserved for officers when looking into alleged of sub-standard performance or misconduct.
Which administrative investigation is the most common investigation?
COMMAND INVESTIGATIONS
COMMAND INVESTIGATIONS By far the most common administrative investigation is the Command Investigation.
How long does an Article 32 hearing take?
Congress revised Article 32 In most cases the hearing lasts only a few hours. Congress removed an accused service member’s right to discovery of the government’s alleged evidence. Also, alleged victims may not be compelled to testify at a preliminary hearing.
What happens after an Article 32 hearing?
Once this hearing is complete, the investigating officer will file a written report which will address all legal issues raised in the case and includes recommendations on how the charges should be handled. This may include a dismissal of charges or a request for a general court martial.
Can JAG prosecute civilians?
Their advice may cover a wide range of issues dealing with administrative law, government contracting, civilian and military personnel law, the law of war and international relations, environmental law, etc. They also serve as prosecutors for the military when conducting courts-martial.
