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JUL IU 63

The issuance of this publication approved by the Secretary of the Navy on 6 April 1961.

REAR ADMIRAL WILLIAM C. MOTT, USN

Judge Advocate General of the Navy

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The JAG JOURNAL is published by the Office of the Judge Advocate General of the Navy as an informal forum for legal matters of current interest to the naval service. The objective of the JAG JOURNAL is to acquaint naval personnel with matters related to the law and to bring to notice recent developments in this field.

The JAG JOURNAL publishes material which it considers will assist in achieving this objective, but views expressed in the various articles must be considered as the views of the individual authors, not necessarily bearing the endorsement or approval of the Department of the Navy, or the Judge Advocate General, or any other Agency or Department of Government.

Invitations to submit articles are extended to all persons, whether lawyers or laymen. Articles submitted should adopt an objective rather than an argumentative approach and should be written in a manner readily understandable by the lay reader. The JOURNAL will return unpublished manuscripts if so requested, but responsibility for safe return cannot be assumed. No compensation can be paid for articles accepted and published.

REAR ADMIRAL ROBERT D. POWERS, JR., USN

Deputy and Assistant
Judge Advocate General of the Navy

LIEUTENANT COMMANDER FRANK J. FLYNN, USN

Editor

For sale by the Superintendent of Documents U.S. Government Printing Office, Washington 25, D.C. (Monthly). Price 15 cents (single copy). Subscription price $1.25 per year;

50 cents additional for foreign mailing.

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ABSENCE:

Desertion conviction cannot be sustained it only evidence of

specific intent is the period of absence. Dec. '57, p. 23; Jun. '58, p. 9.

Rights.

Entitled to assistance of counsel in all criminal prosecutions.

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

'60, p. 47.
To appellate as well as defense counsel. May '59, p. 10.

Under the Status of Forces Agreement. Mar. '57, p. 10.
Self-incrimination privilege.

Pretrial promises and inducements made to the accused.

Aug. '57, p. 8.
Pretrial statements and confessions relevant to UCMJ, Art.

81. Jan. '57, pp. 3, 11.

ACCIDENTS:

ACCUSER:

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.
Determination of probable cause. Nov. '68, p. 6.
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. '69, p. 6.
Naval supplement investigation vs. Aircraft Accident Report,

Sep. '59, p. 3.

Reporting of. Sep. '59, p. 8. Aviation accident investigations under the Federal Aviation Act

of 1958. Sep. '69, p. 13. Motor vehicle-Investigation reports on accidents. Sep. '68, p. 10.

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:

Motion for a finding of not guilty-discussed. Feb. '58, D. 11.

ADMINISTRATIVE PROCEDURES ACT:

Record of proceedings and documents of court-martial are con

fidential. Jul. '58, p. 3.

ACCUSED:

ADMIRALTY:

Depositions.

Admission and offering of into evidence. Sep. '68, p. 13.
Presence of accused while taking. Apr. '58, p. 10.
State of the law. Oct. '60, p. 57.

Use of. Sep. '67, p. 3; Oct. '57, p. 5; Apr. '68, p. 7.
Entrapment as a defense. May '60, p. 7.
Mental responsibility-expert witness on. Dec. '60, p. 82.
Pretrial agreements as to guilty pleas in General Courts-Martial.

Oct. '67, p. 3. Pretrial agreements as to guilty pleas must be freely and volun.

AEC criteria for issuance of licenses for disposal of radioactive ADMIRALTY-Continued

tarily initiated by the accused. Dec. '68, p. 19.

waste at sea. Apr. '69, p. 26.
Air space over the high seas. Feb. '59, p. 8.
Air space over territorial waters. Feb. '59, p. 32.
Collision log entry--when practicable, a statement of circum.

stances should be made immediately after occurrence. Mar. '58,

P. 4.

Comité Maritime International, 1959 convention. Mar. '60, p. 11.
Damage to shore structures caused by naval vessels. Apr. '59,

p. 17.

SecNav has authority to settle claims up to $1,000,000. Apr. '59,

p. 17.

Ship's logs-effect of improper maintenance. Mar. '58, p. 8.
Space above the seas. Feb. '59, p. 8.
Strict liability of nuclear ship operators-rule of Rylans v.

Fletcher discussed. Mar. '60, p. 10.
United Kingdom existing liability legislation covering nuclear

powered ships. Apr. '59, p. 6. Visits to foreign ports by nuclear powered ships. Apr. '59, p. 11.

ADVANCED RESEARCH PROJECTS AGENCY:

Function--to plan and direct research projects which are vital

to national security. Feb. '59, p. 20.

AGREEMENTS:

Pretrial agreements as to guilty pleas in General Courts-Martial.

Oct. '57, p. 8.

AIRCRAFT:

ADMIRALTY-Continued

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, d. 6.
Convention on the Territorial Sea and the Contiguous Zone.

Mar. '60, p. 4.

Territorial sea limit. Mar. '60, p. 29. Hot pursuit doctrine.

Codified at Geneva in 1958. Mar. '60, D. 18.

Discussed. Mar. '60, p. 19.
IMCO (International Maritime Consultive Organization).

And the Safety of Life at Sea Convention of 1960. May '60,

D. 19.
Recognition and functions of. May '60, p. 6.
Review and revision of International Code of Signals by.

May '60, p. 19.
Indemnification under present laws. Apr. '59, p. 17.
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. 6. International operational regulations and nuclear powered ships.

Apr. '59, p. 20. Law of the Sea. Mar. '60, p. 3. Legal effect of radar in marine collisions. Jan. '57, p. 7. Legal implications in the operation of nuclear powered ships.

Apr. '59, p. 3. Legislation-Existing nuclear reactor liability legislation dis

cussed. Apr. '59, p. 3. Limited liability for nuclear ship operators-discussed. Mar. '60,

D. 12. Log books.

Erasures and substitution creates strong presumption that

erased matter was adverse. Mar. '58, p. 4. Failure to log significant facts constitutes evidence of un

truth. Mar. '58, p. 4. Lookouts-Burden of proof for establishing freedom from fault

for failing to station a proper lookout. Jun. '57, p. 15. Maritime liability problems in operation of nuclear powered

ships. Apr. '59, D. 7. Nuclear powered shipping-Effect of international law on the

development of. Apr. '59, p. 11. Noclear powered ships-Need for international discussion on

construction, manning and safety evaluation of. May '60, p. 5. Office of JAG, WC has authority to adjudicate, settle and ap

prove for payment claims up to $1,000. May '59, p. 8. Pollution of the high seas by radioactive wastes. Apr. '59, p. 14. Price-Anderson Act extended to cover operations of NS Sayan.

nah, Apr. '59, p. 4. Projecting the law of the sea into the law of space.

Mar. '57, D. 3; Feb. '59, p. 8. Radar and good seamanship. Feb. '58, p. 8. Radar is not a substitute for a lookout. Jan. '67, p. 16; Jun. '67,

p. 16: Feb. '58, p. 3. Radioactive waste disposal and nuclear tests on the high seas

are not per se contrary to international law. Apr. '59, p. 16. Reasonable interference with use of high geas and nuclear tests,

Apr. '59, D. 14.
Right of pursuit doctrine discussed. Mar. '60, p. 20.
Rules of the Road.

Historical background. Jun. '58, p. 3. May '60, p. 4.
Need for international discussion on use of radar for purpose

of incorporating in. May '60, p. 5.
Need for revision. Jun. '68, p. 6.
Text of 1960 SOLAS Conference, revised rules—unratified.

Sep. '60, p. 35. Safety of Life at Sea Conferences, 1914, 1929 and 1948-accom.

plishments of. May '60, p. 4. Safety of Life at Sea Convention, 1960_Changes to rules and

regulations. Sep. '60, p. 26. Safety of ships-historical highlights of international action

regarding. May '60, p. 4.

Accidents :

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. '69, p. 6.
Purpose and nature of the Aircraft Accident Report. Sep.

'59, p. 6, 9. Purpose and nature of Naval Supplement investigation.

Sep. '59, p. 5.

Reporting of. Sep. '59, p. 3. Aircraft accident claims under the Federal Tort Claims Act.

Sep. '59, p. 16. Aircraft accident claims under the Military Claims Act. Sep.

'59, p. 15. Aircraft Accident Report-privileged status to encourage full and

free disclosure. Sep. '59, p. 4, 9. Aviation accident investigations under the Federal Aviation Act

of 1958. Sep. '59, p. 13. Functions and responsibilities of Federal Aviation Agency. Nov.

'58, p. 3. Hot pursuit doctrine

Codified at Geneva in 1958, Mar. '60, p. 18.

Discussed. Mar. '60, p. 19. Right of pursuit doctrine discussed. Mar. '60, p. 20. Sonic booms-more annoying than dangerous. May '57, p. 8.

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