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 The Journal will return unpublished manuscripts if so requested; but responsibility for safe return cannot be assumed.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. Consequences of wrongful absence from duty. Vol. XXII, No. 4, Feb-Apr '68, p. 81. Desertion conviction cannot be sustained if only evidence of specific intent is the period of absence. Dec '57, p. 23; Jun '58, p. 9. 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. Sample specification for, when absence not from naval service. 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 allowances-retired pay. Vol. XXII, No. 3, Dec '67-Jan '68, p. 71. Inception must be established. Jan '53, p. 2; Dec '55, p. 12. Prima facie case of, how to establish. Jan '51, p. 3. 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. Giver and receiver of bribes. Nov '54, p. 12. ACCIDENTS (see also INVESTIGATIONS): Aircraft. Accident claims under the Federal Tort Claims Act. Sep '59, p. 16. Accident claims under the Military Claims Act. Sep '59, p. 15. Common system for airway control. Nov '58, p. 5. Naval Supplement investigation vs. Aircraft Accident Report. 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. 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. 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, p. 2. 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). 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. 13. Presumption as to identity. Aug '48, p. 12. Presumption of innocence. Aug '48, p..3, 11; Apr '50, p. 10. Pretrial agreements as to guilty pleas must be freely and volun- 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. U. S. Depository Copy 1 To trial by jury, waived upon entering service. Oct '48, p. 3. Under Status of Forces Agreement. Mar '57, p. 10. Sanity, determination of, theories distinguished. Nov '51, p. 17. Self-incrimination privilege. Pretrial promises and inducements made to the accused. Aug '57, p. 3. Pretrial statements and confessions relevant to UCMJ, art. 31. Jan '57, pp. 3, 11. Violated by admission of involuntary confession. Jun '48, p. 18. Statement by, may not be made under oath. Jun '50, p. 8. Transfer to foreign government for trial. Aug '47, p. 8; Feb '48, p. 3. ACCUSER: "Accuser" doctrine discussed. Feb '52, p. 3. As investigating officer. Apr '53, p. 11. Authentication of service record book by convening authority. Jan '55, p. 15. Commanding officer, acting as. Sep '52, p. 8. Convening authority as. Dec '54, p. 2; May '55, p. 13. Defined. Nov '50, p. 13. May act as summary court-martial officer, under UCMJ. Nov '50, p. 11. May convene summary court-martial or award nonjudicial punishment. Feb '52, p. 3. May not act as member of special or general court-martial under UCMJ. Nov '50, p. 13. May not convene or serve on a general or special court-martial or as a law officer on a general court-martial. May '58, p. 3. Official acts distinguished from personal interest. May '58, 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 Failure to prove essential element is ground for. Aug '48, p. 6. Motion for a finding of not guilty-discussed. Feb '58, p. 11. ADMINISTRATIVE LAW DIVISION OF JAG: Functions of. Aug '47, p. 2. ADMINISTRATIVE PROCEDURES ACT: Record of proceedings and documents of court-martial are confidential. Jul '58, p. 3. ADMINISTRATIVE REPORTS: Boards of investigation when procedurally defective, may be Chain of command for. May '50, p. 2. Disciplinary action as the result of. May '50, p. 2. Function, and preparation of. Sep '47, p. 12; May '50, p. 7. 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). Category of damages, subject to. Dec '51, p. 17. Collected by Navy from 30 Jun 1946 to 30 Jun 1949. Nov '49, 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. 16. Under the Doctrine of Seaworthiness. Vol. XIX, No. 1, Sep- 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. Foreign ports-nuclear ships entering. Mar '60, p. 9. Convention on fishing and conservation of natural resources Convention on the continental shelf. Mar '60, p. 28. Convention on the territorial sea and the contiguous zone. Territorial sea limit. Mar '60, p. 29. Good Samaritan Rule. Vol. XVII, No. 5, Jul '63, p. 107. Maritime personal injuries and the doctrine of seaworthi- Shipboard injuries to longshoremen and repairmen. Vol. Inroads on privilege of nondisclosure by Government departments 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 INTERNATIONAL 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. Injuries to visitors and other invitees. Vol. XVI, No. 6, Injury investigations of shipboard accidents. Vol. XIX, No. 1, 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. |