Quantcast Appendix I - Glossary

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DAMAGE- Any physical injury to property.

DANGEROUS WEAPON- A weapon used in such a manner that it is likely to produce death or grievous bodily harm.

DECEIVE- To mislead, trick, cheat, or to cause one to believe as true that which is false.

DEFENSE COUNSEL- The person who defends the accused in any proceeding.

DEFERRAL- Discretionary action by proper authority,

postponing the running of the confinement portion of a sentence, together with a lack of any posttrial restraint.

DEFRAUD- To obtain, through misrepresentation, an article or thing of value and to apply it to one's own benefit or to the use and benefit of another-either permanenty or temporarily.

DEMONSTRATIVE EVIDENCE-Anything such as charts, maps, photographs, models, and drawings used to help construct a mental picture of a location or object that is not readily available for introduction into evidence.

DEPOSITION- The testimony of a witness taken out of court, reduced to writing, under oath or affirmation, before a person empowered to administer oaths, in answer to interrogatories (questions) and cross-interrogatories submitted by the parties desiring the deposition and the opposite party, or based on oral examination by counsel for the accused and the prosecution.

DERELICTION IN THE PERFORMANCE OF DUTIES- Willfully or negligently failing to perform assigned duties or performing them in a culpably inefficient manner.

DESIGN- On purpose, intentionally, or according to plan and not merely through carelessness or by accident; specifically intended.

DESTROY- Sufficient injury to render property useless for the purpose that it was intended, not necessarily amounting to complete demolition or annihilation.

DETENTION OF PAY- A less severe form of punishment than a forfeiture in that the amount detained is ultimately returned to the accused when the accused is separated from service, or within a specific period of 1 year or less.

DIRECT EVIDENCE- Evidence that tends directly to prove or disprove a fact in issue.

DISCHARGE- Complete severancc from all naval status gained by the enlistment or induction concerned.

DISCOVERY- The right to examine information possessed by the opposing side before or during trial.

DISHONORABLE DISCHARGE- The most severe punitive discharge; reserved for those warrant officers (W-1) and enlisted members who should be separated under conditions of dishonor, after having been convicted of serious offenses of a civil or military nature warrenting severe punishment; it may be awarded only by a GCM.

DISMISSAL- A court-martial punishment of separation from the service with dishonor. Only officers, commissioned warrant officers, cadets, and midshipmen may receive a dismissal, and it can only he awarded by a GCM. It is considered the equivalent of a dishonorable discharge.

DISORDERLY CONDUCT- Behavior of such a nature as to affect the peace time quiet of persons who may witness the same and who may be disturbed or provoked to resentment thereby.

DISRESPECT- Words, acts, or omissions that are synonymous with contempt and amount to behavior or language that detracts from the respect due the authority and person of a superior.

DOCUMENTARY EVIDENCE- Evidence supplied by writings and documents.

DOMINION- Control of property; possession of property with the ability to exercise control over it.

DRUNKENNESS- (1) As an offense under the UCMJ, intoxication that is sufficient sensibly to impair the rational and full exercise of the mental and physical Faculties that may be caused by liquor or drugs; (2) as a defense in rebuttal of the existence of a criminal element involving premeditation, specific intent, or knowledge, intoxication that amounts to a loss of

reason preventing the accused from harboring the requisite premeditation, specific intent, or knowledge; (3) as a defense to general intent offenses, involuntary intoxication that amounts to a loss of reason preventing the accused from knowing the nature of his or her act or the natural and probable consequence thereof.

DUE PROCESS- A course of legal proceedings according to those rules and principles that have been established in our system of jurisprudence for the enforcement and protection of private rights; such an exercise of the powers of the government as the settled maxims of law permit and sanction, and under such safeguards for the protection of individual rights as those maxims prescribe.

DURESS- Unlawful constraint on a person whereby the person is forced to do some act that he or she otherwise would not have done.

DYING DECLARATION- A statement by a victim, concerning the circumstances surrounding his or her death, made while in extremis and while under a sense of impending death and without hope of

recovery.

ELEMENTS- The essential ingredients of an offense that are to be proved at the trial; the acts or omissions that form the basis of any particular offense.

ENTRAPMENT- A defense available when actions of an agent of the government intentionally instill in the mind of the accused a disposition to commit a criminal offense, when the accused has no notion, predisposition, or intent to commit the offense.

ENTRY LEVEL STATUS- Upon enlistment, a member qualifies for entry level status during either (1) the first 180 days of continuous active military service or (2) the first 180 days of continuous active service after a break of more than 92 days of active service. A member of a Reserve component who is not on active duty or who is serving under a call or order to active duty for 180 days or less begins entry level status upon enlistment in a Reserve component.

ERROR- A failure to comply with the law in some way at some stage of the proceedings.

EVIDENCE- Any species of proof, or probative matter, legally presented at trial, through the medium of witnesses, records, documents, concrete objects, demonstrations, and so forth, for the purpose of inducing belief in the minds of the triers of fact.

EXCLUSIONARY RULES- This rule commands that where evidence has been obtained in violation of the search and seizure protections guaranteed by the U.S. Constitution, the illegally obtained evidence cannot be used at the trial of the defendant.

EXCULPATORY- Anything that would exonerate a person of wrongdoing.

EXECUTION OF HIS OR HER OFFICE- Engaging in any act or service required or authorized to be done by statute, regulation, or the order of a Superior.

EXONERAT- To clear from alleged fault or guilt.

EX POST FACTO LAW- A law passed after the occurrence of a fact or commission of an act that makes the act punishable, imposes additional punishment, or changes the rules of evidence to the disadvantage of a party.

EXTENUATION- Information that renders a crime less heinous than it would be without it and is presented in an effort to lessen the punishment that could be awarded at a court-martial or a nonjudicial punishment proceeding.

EXTRA MILITARY INSTRUCTION- Extra tasks assigned to one exhibiting behavioral or performance deficiencies for the purpose of correcting those deficiencies through the performance of the assigned tasks; also known as additional military duty or additional military instruction.

EXTREMIS- In extreme danger or need.

FEIGN- To misrepresent by a false appearance or statement; to pretend, to simulate, or to falsify.

FINDINGS- The determination of the issue as to whether an accused is guilty or innocent.

FINE- A type of court-martial punishment in the nature of a pecuniary judgment against an accused, which, when ordered executed, makes him or her immediately liable to the United States for the entire amount of money specified.

FORFEITURE OF PAY- A type of court-martial or nonjudicial punishment depriving the accused of all or part of the accused's pay.

FORMER JEOPARDY- A defense in bar of trial that no person will be tried for the same offense by the same sovereign a second time without his or her consent; also known as double jeopardy.

FORMER PUNISHMENT- A defense in bar of trial that no person may be tried by court-martial for a minor offense for which punishment under Article 15, UCMJ, has been imposed.

FORMER TESTIMONY- Testimony of a witness given in a civil or military court at a former trial of the accused, or given at a formal pretrial investigation of an allegation against the accused, in which the issues were substantially the same.

FRISK- Contact of the outer clothing of a person to detect by the sense of touch whether a concealed weapon is being carried.

GENERAL COURT-MARTIAL- The highest trial court within the military judicial system.

GENERAL DISCHARGE- An administrative discharge given to military personnel who do not qualify for an honorable discharge.

GRANT OF IMMUNITY- A promise of immunity from prosecution in return for courtroom testimony.

GRIEVOUS BODILY HARM- A serious bodily injury; does not include minor injuries, such as a black eye or a bloody nose, but does include fractured or dislocated bones, deep cuts, torn members of the body, serious damage to internal organs, and other serious bodily injuries.

GROSS NEGLIGENCE- A wanton, careless, and reckless disregard of the rights and safety of others; an utter indifference to the consequences of one's actions; a total abandonment of the standard of reasonable care coupled with a wanton disregard for the safety of others; that degree of negligence that is substantialy higher in magnitude than simple inadvertence, but falls short of intentional wrong.

HABEAS CORPUS- "You have the body." An order from a court of competent jurisdiction that requires the custodian of a prisoner to appear before the court to show cause why the prisoner is confined or detained.

HARMLESS ERROR- An error of law that does not materially prejudice the substantial rights of the accused.

HEARSAY- An assertive statement, or conduct, that is offered in evidence to prove the truth of the assertion, but that was not made by the declarant while a witness before the court in the hearing in which it is offered.

IMPROVIDENT PLEA- A plea of guilty that cannot be accepted if (1) the presiding officer is not

satisfied that the accused understands the meaning and effect of his or her pleas, or (2) the elements of the offense have not been admitted, or (3) the accused is not convinced of his or her own guilt.

INCAPACITATION- The physical state of being unfit or unable to perform properly.

INCONTINENCE- (1) Want of chastity; Indulgence in unlawful carnal connection; (2) Unrestrained; uncontrolled; incapable of holding back; (3) Incapable of controlling the excretory functions.

INCULPATORY- Anything that implicates a person in a wrongdoing.

INDECENT- An offense to common propriety; offending against modesty or delicacy; grossly vulgar or obscene.

INDIVIDUAL MILITARY COUNSEL- Counsel requested specifically y by the accused or respondent to represent them before a court-martial or administrative board instead of the appointed counsel.

INFERENCE- A fact deduced from another fact or facts shown by the state of the evidence.

INFORMANT- A person who has furnished information resulting in an investigation of a possible violation of law to a person whose official duties include the discovery, investigation, or prosecution of a case.

IN LOCO PARENTIS- "in place of a parent." Used to signify that a person other than the parent exercises rights and responsibilities over a child.

INSANITY- See Mental Capacity and Mental Responsibility.

INSPECTION- An official examination of persons or property to detemine the fitness or readiness of a person, organization, or equipment, not made with a view to any criminal action.

INTENTIONALLY- Deliberately and on purpose; through design, or according to plan, and not merely through carelessness or by accident.

INTERROGATION- In criminal law, the process of questions propounded by police to persons arrested or suspected to seek solutions of crime.

IPSO FACTO- "By the very fact itself."



 


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