Quantcast Appendix I - Glossary

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JOINT OFFENSE- An offense committed by two or more persons acting together in pursuance of a common intent.

JOINT TRIAL- The trial of two or more persons charged with committing a joint offense.

JURISDICTION- The power of a court to hear and decide a case and to award any appropriate punishment.

KNOWINGLY- With knowledge; consciously, intelligently.

LASCIVIOUS- Tending to excite lust; obscene; relating to sexual impurity; tending to deprave the morals with respect to sexual relations.

LEGAL ADVISOR- A lawyer, uniformed or civilian, under the professional supervision of either the Judge Advocate General or General Counsel of the Navy, certified under or otherwise meeting the professional requirements of Article 27(b), UCMJ.

LESSER INCLUDED OFFENSE- An offense necessarily included in the offense charged; an offense containing some but not all of the elements of the offense charged, so that if one or more of the elements of the offense charged are not proved, the evidence may still support a finding of guilty of the included offense,

LEWD- Lustful or lecherous; incontinence carried on in a wanton manner.

MATTER IN AGGRAVATION- by circumstance attending the commission of a crime that increases its enormity.

MATTER IN EXTENUATION- Any circumstance serving to explain the commission of the offense, including the reasons that actuated the accused but not extending to a legal justification.

MATTER IN MITIGATION- Any circumstance having for its purpose the lessening of the punishment to be awarded by the court and the furnishing of grounds for a recommendation for clemency.

MENTAL CAPACITY- The ability of the accused at the time of trial to understand the nature of the proceedings against him or her and to conduct or cooperate intelligently in his or her defense.

MENTAL RESPONSIBILITY- The ability of the accused at the time of the commission of an offense to appreciate the nature and quality of the wrongfulness of his or her acts.

MILITARY DUE PROCESS- Due process under protections and rights granted military personnel by the Constitution or laws enacted by Congress.

MILITARY JUDGE- A commissioned officer, certified as such by the respective Judge Advocates General, who presides over all open sessions of the court-martial to which he or she is detailed.

MILITARY RECORD- An individual's overall performance record while a member of the naval and military services of the United States including personal conduct.

MINOR OFFENSE- An offense for which confinement for less than 1 year is authorized; generally it is also misconduct not involving moral turpitude or any greater degree of criminality than is involved in the average offense tried by summary court-martial.

MISTRIAL- Discretionary action of the military judge, or the president of a special court-martial without a military judge, in withdrawing the charges from the court where such action appears necessary in the interest of justice because of circumstances arising during the proceedings that cast substantial doubt upon the fairness of the trial.

MITIGATION- Action by proper authority reducing punishment awarded at NJP or by court-martial.

MORAL TURPITUDE- An act of baseness, vileness, or depravity in private or social duties, which a man owes to fellowmen or to society in general, contrary to the accepted and customary rule of right and duty between man and man.

MOTION TO DISMISS- A motion raising any defense or objection in bar of trial.

MOTION TO GRANT APPROPRIATE RELIEF- A motion to cure a defect of form or substance that impedes the accused in properly preparing for trial or conducting his or her defense.

MOTION TO SEVER- A motion by one or more to two co-accused that they be tried separately from the other or others.

NAVET- A prior service veteran whose last tour of active duty or active duty for training was in the USN or USNR, who has been discharged or released for more than 2 hours, and who has completed a minimum of 180 consecutive days of active duty.

NEGLECT- Omission or failure to do an act or perform a duty due to want of due care or attention.

NEGLIGENCE- Unintentional conduct that falls below the standards established by law for the protection of others against unreasonable risk of harm. The failure of a person to exercise the care that a reasonably prudent person would exercise under similar circumstances; something that a reasonable person, guided by those ordinary considerations that ordinarily regulate human affairs, would or would not do.

NONJUDICIAL PUNISHMENT- Punishment imposed under Article 15, UCMJ, for minor offenses, without the intervention of a court-martial.

NONPUNITIVE MEASURES- Those leadership techniques, not a form of informal punishment, that may be used to further the efficiency of a command

OATH- A formal external pledge, coupled with an appeal to the Supreme Being, that the truth will be stated

OBJECTION- A declaration to the effect that the particular matter or thing under consideration is not done or admitted with the consent of the opposing party, but is by him or her considered improper or illegal, and referring the question of its propriety or legality to the court.

OFFICE HOURS- The term applied through tradition and usage in the Marine Corps to nonjudicial punishment.

OFFICER- Any commissioned or warrant officer of the armed forces, warrant officer W-1, and above.

OFFICER IN CHARGE- A member of the armed forces designated as such by appropriate authority.

OFFICIAL RECORD- A writing made as a record of a fact or event, whether the writing is in a regular series of records or consists of a report, finding, or certificate, and made by any person within the scope of his or her official duties provided those duties include a duty to know, or to ascertain through appropriate and trustworthy channels of information, the truth of the fact or event, and to record such fact or event.

ON DUTY- (As used in UCMJ, Article 112). In the exercise of duties of routine or detail, in garrison, at a station, or in the field; does not relate to those periods when, no duty being required of military personnel by order of regulations, they occupy the status of leisure known as "off duty" or "on liberty."

OPINION OF THE COURT- A statement by a court of the decision reached in a particular case, expounding the law as applied to the case, and detailing the reasons upon which the decision is based.

ORAL EVIDENCE- The sworn testimony of a witness received at trial.

OSVET- A prior service veteran whose last tour of active duty was in a branch of service other than Navy, has been discharged or released more than 2 hours, and has completed a minimum of 180 consecutive days' active duty.

PAST RECOLLECTION RECORDED- Memorandum prepared by a witness, or read by him or her and found to be correct, reciting facts or events that represent his or her past knowledge possessed at a time when his or her recollection was reasonably fresh as to the facts or events recorded.

PER CURIAM- "By the court." A phrase used in the report of the opinion of a court to distinguish an opinion of the whole court from an opinion written by any one judge.

PER SE- Taken alone; in and of itself; inherently.

PERPETRATOR- One who actually commits the crime, either by his or her own hand, by an animate or inanimate agency, or by an innocent agent.

PLEADING- The written formal indictment by which an accused is charged with an offense; in military law, the charges and specifications.

PLEAS- The accused's response to each charge and specification.

POSSESSION- Actual physical control and custody over an item of property.

PREFERRAL OF CHARGES- The formal accusation against an accused by an accuser signing and swearing to the charges and specifications.

PREJUDICIAL ERROR- An error of law that materially affects the substantial rights of the accused and requiring corrective action.

PRELIMINARY INQUIRY- The initial investigation of a reported or suspected violation of the UCMJ.

PRESIDENT OF A COURT-MARTIAL- The detailed senior member in rank present at the trial.

PRESIDING OFFICER- In a special court-martial without a military judge, it is the president of the court; in a court-martial with a military judge, the presiding officer is the military judge.

PRESUMPTION- A fact that the law requires the court to deduce from another fact or facts shown by the state of the evidence unless that fact is overcome by other evidence before the court.

PRETRIAL AGREEMENT- An agreement offering the accused to plead guilty to one or more specifications in exchange for a limit on some type of punishment.

PRETRIAL INVESTIGATION- An investigation pursuant to Article 32, UCMJ, that is required before convening a GCM, unless waived by the accused.

PRIMA FACIE CASE- Introduction of substantial evidence that, together with all proper inferences to be drawn therefrom and all applicable presumptions, reasonably tends to establish every essential element of an offense charged or included in any specification.

PRINCIPAL- (1) One who aids, abets, counsels, commands, or procures another to commit an offense that is subsequently perpetrated in consequence of such counsel, command, or procuring, whether the individual is present or absent at the commission of the offense; (2) the perpetrator.

PRIOR ENLISTMENT OR PERIOD OF SER-VICE- Service in any component of the armed forces, including the Coast Guard, that culminated in the issuance of a discharge certificate or certificate of service.

PROBABLE CAUSE- (1) For apprehension, a reasonable grounds for believing that an offense has been committed and that the person apprehended committed it; (2) for pretrial restraint, reasonable grounds for believing that an offense was committed by the person being restrained; and (3) for search, a reasonable grounds for believing that items connected with criminal activity are located in the place or on the person to be searched.

PROCEDURAL LAW- The rules of pleading and practice by which rights are accorded and enforced.

PROCESSING COMMAND- The parent command to which a member is permanently assigned has primary responsibility for administrative processing.

PROVOKING- Tending to incite, irritate, or enrage another.

PROXIMATE CAUSE- That which, in natural and continuous sequence, unbroken by an efficient intervening cause, produces a result, and without which the result would not have occurred.

PROXIMATE RESULT- A reasonably foreseeable result ordinarily following from the lack of care complained of, unbroken by any independent cause.

PUNITIVE ARTICLES- Articles 78 and 80 through 134, UCMJ, that generally describe various crimes and offenses and state how they may be punished.

PUNITIVE DISCHARGE- A discharge imposed as punishment by a court-martial, either a bad-conduct discharge or a dishonorable discharge.

QUALIFIED COUNSEL- Counsel qualified under Article 27(b), UCMJ, and who does not have any direct responsibility for advising the convening authority or separation authority on the proceedings involving the respondent.


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