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OF THE NAVY

AGE

THE JAG JOURNAL

Published semi-annually by the Office of the Judge Advocate General of the Navy as a professional legal forum for the Navy judge advocate, the Journal encourages frank discussion of relevant legislative, administrative and judicial developments in military and related law fields.

Views expressed in published articles must be considered the view of the individual author and do not purport to promulgate or voice the views of the Judge Advocate General, the Department of the Navy, or any other Agency or Department of the United States.

Submissions should be submitted to the Editor, JAG Journal. The Journal will return unpublished manuscripts if so requested; but responsibility for safe return cannot be assumed. No compensation can be paid for articles published. Prospective authors are urged to discuss proposed article ideas with the editor.

Issuance of this periodical approved in accordance with Department of the Navy Publications and Printing Regulations, NAVEXOS P-35.

Rear Admiral Merlin H. Staring, JAGC, USN

Judge Advocate General of the Navy

Rear Admiral Horace B. Robertson, Jr., JAGC, USN

Deputy Judge Advocate General of the Navy

Commander H.D. Campbell, JAGC, USN

Editor

ARTMEN;

DEPA

Office of the Judge Advocate General

Department of the Navy
Washington, D.C. 20370

ADVOCATE

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ACCUSED:

Admissions against interest of. Jan '50, p. 2.
Admissions of codefendants. Sep '52, p. 13.
Arraignment of. Dec '48, p. 6.
Arrest of, when to be tried by GCM. Jan '50, p. 16.
As witness. Jun '48, p. 19; Dec '48, p. 14; Aug '49, p. 6; Jun

'54, p. 19; Sep '54, p. 11; Jan ’55, p. 16.
Charges and specifications. Right to be furnished with a copy.

Oct '48, p. 11.
Combat record of, should be related under oath. Jun '50, p. 8.
Competency to testify. Jun '48, p. 17.
Confessions (see also CONFESSIONS AND ADMISSION).

Cross-examination of accused on voluntariness. Apr '54, p. 2.
Opportunity must be afforded to testify without a jury as to

involuntary nature, if he so desires. Jan '52, p. 14.
Confinement after arrest. Oct '48, p. 11.
Convening authority should include synopsis of conduct in his

action on record. Oct '49, p. 13.
Counsel for. Jul '49, p. 3 (see also COUNSEL).
Counterstatement, right of accused relative to. Oct '48, p. 4.
Cross-examination of. Jun '55, p. 11; Jul '55, p. 14; Nov '56,

p. 16.

Offense of, not supported by dismissal of criminal action in civil

case. Dec '50, p. 2. Policy in regard to trials of offenses involving. Jan '50, p. 6. Proof of. Aug '48, p. 7; Feb '51, p. 2; Dec ’55, p. 12. Sample specification for, when absence not from naval service.

Oct 49, p. 10. Time Lost-Its Meaning and Effects. Vol. XV,

No. 7, Sep '61, p. 123.
Unauthorized.

Absenteeism-generally. Feb '55, p. 11; Jul '55, p. 3.
Beginning date. Dec '55, p. 12.
Comments. Jul '55, p. 16.
Computation of period. May '55, p. 16.
Confinement by civil authorities-active duty pay and allow-

ances—retired pay. Vol. XXII, No. 3, Dec '67-Jan '68, p.

71.
Inception must be established. Jan '53, p. 2; Dec '55, p. 12.
Policy regarding. Sep '48, p. 6.
Prima facie case of, how to establish. Jan '51, p. 3.
Proof of in missing movement. May ’55, p. 16.
Rule of multiplicity-missing movement also charged. Nov

'58, p. 14.
Service record entries. Jul-Aug ’53, p. 2.
Specification must allege "without authority.” Mar '54, p. 16.
Trial Guide for trial counsel of special courts-martial. Vol.

XIV, No. 1, Jul-Aug '60, p. 8.
ACCESSORIES:

After the fact. Apr '48, p. 4; Nov '54, p. 12.
Before the fact. Apr '48, p. 4; Apr '54,
Discussed. Mar '50, p. 10; Apr '54, p. 6.
Giver and receiver of bribes. Nov '54, p. 12.

Responsibility for principal's acts. Dec '55, p. 11.
ACCIDENTS (see also INVESTIGATIONS) :
Aircraft.

Accident claims under the Federal Tort Claims Act. Sep '59,

p. 2.

Custodial interrogation of. Vol. XXII, No. 4. Feb-Apr '68, p. 85.
Defense on appeal. Jul '54, p. 3.
Denial of due process not in issue where accused struck by police

and later volunteers a confession in District Attorney's office.

Jul '52, p. 13. Depositions (see also DEPOSITIONS). Disciplinary status, what constitutes. Apr '49, Endorsement of charge sheet should state when a capital case is

to be treated as noncapital. Sep ’58, p. 14. Failure to warn, as evidence of involuntary nature of confession.

Aug '50, p. 18. Interest of, primary consideration. Sep '49, p. 7. Jurisdictional allegations over. Apr '50, p. 8. Justifying his action. Jun '50, p. 8. Mental responsibility (see MENTAL RESPONSIBILITY). Multiplicity-rule of. Nov '58, p. 14. Must request enlisted personnel as members of his court-martial,

under UCMJ. Nov '50, p. 12. Plea of not guilty mandatory in charge of desertion. Jun '50,

p. 6.

p. 13.

p. 12.

p. 16.

Accident claims under the Military Claims Act. Sep '59,

p. 15.

Presumption as to identity. Aug '48,
Presumption of innocence. Aug ’48, p. 3, 11; Apr '50, p. 10.
Pretrial agreements as to guilty pleas in general courts-martial.

Oct '57, p. 3.
Pretrial agreements as to guilty pleas must be freely and volun-

tarily initiated by the accused. Dec '58, p. 19. Privileges and courtesies to, before and during trial. Feb '48, p. 4. Refusal to consent to nolle prosequi, effect of. May '48, p. 15. Relations with recorder before trial. Apr '50, p. 10. Release from arrest, pending new charges. Jan '49, p. 7. Reputation of, when admissible as character evidence. Feb '50,

p. 8.

Common system for airway control. Nov '58, p. 5.
Determination of probable cause. Nov '58, p. 6.
Naval Supplement investigation vs. Aircraft Accident Re-

port. Sep '59, p. 3.
Procedures for conducting investigations. Sep '59, p. 6.
Purpose and nature of Aircraft Accident Report. Sep '59,

pp. 6, 9. Purpose and nature of Naval Supplement investigation. Sep

'59, p. 5.

Reporting of. Sep '59, p. 3.
Aviation accident investigations under the Federal Aviation Act

of 1958. Sep '59, p. 13.
Investigation of. May '50, p. 2.
Involving Navy vehicles, procedure in case of. Aug '47, p. 5.
Motor vehicle-investigation reports on accidents. Sep '58, p. 10.
Reports of. May '50, p. 2.
Shipboard (see ADMIRALTY).

Vehicle casualties discussed. May '50, p. 2.
ACCOMPLICES (see also AIDERS AND ABETTORS):

Discussed. Apr '48, p. 3.
Testimony of. Nov '54, p. 12.

U. S. Depository Copy

Rights of.

Entitled to assistance of counsel in all criminal prosecutions.

May '59, p. 9.
Prearraignment interrogation-right to counsel during. Vol.

XIV, No. 3, Oct '60, p. 47.
Rights, privileges, and immunities in general. Oct ’48, p. 3;

Nov '49, p. 3.
Summary courts-martial, recommended advisory form to be

used. Feb '52, p. 5.
To a pretrial investigation before charges and specifications

can be referred to a GCM (see also UCMJ). Oct. '51, p. 22. To an identification parade of persons of similar color and

physiognomy. Aug '47, p. 9.

1

ACCUSED—Continued
Rights of—Continued

To appeal nonjudicial punishment under UCMJ. Aug '50,

p. 11.

To appellate as well as trial defense counsel. May '59, p. 10. To be furnished true copy of charges and specifications upon

arrest for trial. Jul '48, p. 12. To be informed of nature and cause of accusation. Oct ’51,

ADMINISTRATIVE REPORTS:

Boards of investigation when procedurally defective, may be

held to be. May '50, p. 2.
Chain of command for. May '50, p. 2.
Defined. Sep '47, p. 12.
Disciplinary action as the result of. May '50, p. 2.
Function, and preparation of. Sep '47, p. 12; May '50, p. 7.
Line of duty determinations, statutes requiring. Jan '50, p. 19.
Misconduct, determination of, when necessary. Dec '49, p. 11.

p. 21.

To call judge advocate as witness. Dec '48, p. 5.
To choice between military trial and civil trial by jury.

Jul '48, p. 11 (see also TRIALS).
To compel attendance of witnesses. Oct '48, p. 5; Mar '49,

p. 10.

ADMIRALTY:

Air space over territorial waters. Feb '59, p. 32.
Air space over the high seas. Feb '59, p. 8.
“American Law of Collisions,” a treatise. Nov '49, p. 16.
Anchored vessels, “Pennsylvania Rule” (anchored vessel at fault).

Feb '49, p. 5; May '49, p. 2.
Category of damages, subject to. Dec '51, p. 17.
Claims.

Collected by Navy from 30 Jun 1946 to 30 Jun 1949. Nov '49,

To confront accuser. Oct '48, p. 4.
To confront witnesses. Oct '48, p. 4.
To counsel. Dec '52, p. 17 ; Sep '54, p. 14.
To counsel of own choice. Apr '50, p. 10.
To new trial. Mar '52, p. 21.
To public trial. Nov '56, p. 11; Dec '56, p. 15.
To speedy trial. Dec '48, p. 16; Mar '49, p. 15; Oct '51, p. 21.
To testify. Oct '48, p. 4.
To testify to circumstances inducing confession. Aug. '50,

p. 16.

Discussed in general. Dec '48, p. 13.
Remedies of civil-servant seamen crewmembers, discussed

generally. Nov '52, p. 8. Salvage claims discussed. Nov '47, p. 16; Jul '50, p. 16. Settled by Navy from 30 Jun 1945 to 30 Jun 1949. Nov '49,

p. 17.

p. 16.

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Under the Doctrine of Seaworthiness. Vol. XIX, No. 1, Sep

Oct '64, p. 13. Collisions (see COLLISIONS). Comité Maritime International, 1959 Convention, Mar. '60, p. 11. Compensation Act, remedies afforded civil service crewmembers.

Nov '52, p. 10. Compulsory pilot, responsibility of a ship for negligence of. Feb

'48, p. 7; Mar '48, p. 8. Conduct of marine collision investigations involving naval vessel.

or property. Vol. XX, No. 4, Feb-Apr '66, p. 111.
Damage to shore structures caused by naval vessels. Apr '59, p. 17
Directive relating to procedure in NS, MCM, 1951. Aug '51, p. 8.
Federal court will not compel production of record of naval court

or board. Sep '49, p. 11.
Foreign ports-nuclear ships entering. Mar '60, p. 9.
Freedom of the seas -historical discussion. Mar '60, p. 21.
Geneva Conference, 1958.

Convention on fishing and conservation of natural resources

on the high seas. Mar '60, p. 27.
Convention on the continental shelf. Mar '60, p. 28.
Convention on the high seas. Mar '60, p. 6.
Convention on the territorial sea and the contiguous zone.

Mar '60, p. 4.

Territorial sea limit. Mar '60, p. 29.
Good Samaritan Rule. Vol. XVII, No. 5, Jul '63, p. 107.
Indemnification under present laws. Apr '59, p. 17.
Injuries to personnel.

Maritime personal injuries and the doctrine of seaworthi

ness. Vol. XIX, No. 1, Sep–Oct '64, p. 13. Shipboard injuries to longshoremen and repairmen. Vol.

XXV, No. 2, Sept-Nov '70, p. 41. Inroads on privilege of nondisclosure by Government depart

ments of security issues and department privilege in civil

litigations. Dec '51, p. 3. International agreements on liability of operators of nuclear

ships-need for. Mar '60, p. 9. International Conference for Safety of Life at Sea, 1960—possible

problem areas of discussion. May '60, p. 5. International Maritime Consultive Organization (see INTERNA

TIONAL MARITIME CONSULTIVE ORGANIZATION). Ilternational operational regulations and nuclear-powered ships.

Apr '59, p. 20.
Investigations.

Erased and altered ship's log entries. Mar '58, p. 3.
Injuries to shoreworkers and other maritime personnel. Vol.

XIX, No. 1, Sep–Oct '64, p. 13.
Injuries to visitors and other invitees. Vol. XVI, No. 6,

Jul-Aug '62, p. 97.
Injury investigations of shipboard accidents. Vol. XIX, No. 1,

Sep-Oct '64, p. 13.
Law of the Sea, effect of Geneva Conference of 1958. Mar '60,

p. 3. Generally. Vol. XXV, No. 3, Dec '70-Jan '71, p. 3.

ACQUITTAL:

Action on, by reviewing authority. Oct '49, p. 13.
Convening authority may not disapprove type of acquittal found

by court. Aug '50, p. 6.
Court sole judge of facts determining form of acquittal to be

given. Aug '50, p. 4.
Failure to prove essential element is ground for. Aug '48, p. 6.
Forms of acquittal in courts-martial. Aug '50, p. 3.
Motion for a finding of not guilty-discussed. Feb '58, p. 11.
Motion for acquittal not provided for in naval law. Sep '48, p. 15.
Results, when crime committed by accused charged only with

attempt to commit. Jun '50, p. 7.

ADMINISTRATIVE LAW DIVISION OF JAG:

Functions of. Aug '47, p. 2.

ADMINISTRATIVE PROCEDURES ACT:

Record of proceedings and documents of court-martial are con

fidential. Jul '58, p. 3.

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