Quantcast Appendix I - Glossary

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RAPE- An act of sexual intercourse with a female, not the accused's wife, done by force and without her consent.

REAL EVIDENCE- Any physical object offered into evidence at trial.

RECESS- A short period of time during which a trial is not in progress.

RECKLESSNESS- An act or omission exhibiting a culpable disregard for the foreseeable consequences of that act or omission; a degree of carelessness greater than simple negligence.

RECONSIDERATION- The action of the convening authority in returning the record of trial to the court for renewed consideration of a ruling of the court dismissing a specification on motion, where the ruling of the court does not amount to a finding of not guilty.

REFERRAL OF CHARGES- The action of a convening authority in directing that a particular case be tried by a particular court-martial previously created.

RELEASE FROM ACTIVE DUTY- Termimtion of active duty status and transfer or reversion to a Reserve component not on active duty including transfer to the Individual Ready Reserve.

RELEVANCY- That quality of evidence that renders it properly applicable in proving or disproving any matter in issues; a tendency in logic to prove or disprove a fact that is in issue in the case.

REMEDIAL ACTION- Action taken by proper reviewing authorities to correct an error or errors in the proceedings or to offset the adverse impact of an error.

REMISSION- Action by proper authority interrupting the execution of a punishment and canceling out the punishment remaining to be served, while not restoring any right, privilege, or property already affected by the executed portion of the punishment.

REPROACHFUL- Censuring, blaming, discrediting, or disgracing of another's life or character.

RESISTING APPREHENSION- An active resistance to the restraint attempted to be imposed by the person apprehending.

RESPONDENT- A member who has been notified that action has been initiated to separate the member.

RESTRICTION- Moral restraint imposed as punishment, or pretrial restraint upon a person by oral or written orders limiting him or her to specified areas of a military command, with the further provision that he or she will participate in all military duties and activities of his or her organization while under such restriction.

REVISION- A procedure to correct an apparent error or omission or improper or inconsistent action of a court-martial with respect to a finding or a sentence.

SEARCH- A quest for incriminating evidence.

SEIZURE- To take possession of forcibly, to grasp, to snatch, or to put into possession.

SELF-DEFENSE- The use of reasonable force to defend oneself against immediate bodily harm threatened by the unlawful act of another.

SELF-INCRIMINATION- The giving of evidence against oneself that tends to establish guilt of an offense.

SENTENCE- The punishment awarded an accused who is found guilty of an offense by a court-martial.

SEPARATION- A general term that includes discharge, release from active duty, transfer to the Fleet Reserve or Retired List, release from custody and control of the military services, transfer to the Individual Ready Reserve, and similar changes in active or Reserve status.

SEPARATION AUTHORITY- The Chief of Naval Personnel is authorized to take final action with respect to the specified types of separation, or any officer so designated by the Chief of Naval Operations. The Secretary of the Navy is separation authority for release from active duty of member of the Reserve components who are within 2 years of eligibility for retirement or retainer pay. The separation authority for active duty members being involuntarily separated who have 18 years or more service is the Chief of Naval Operations.

SERIOUS OFFENSE- Offenses under the UCMJ for which a punitive discharge is authorized by the Manual for Courts-Martial.

SET ASIDE- Action by proper authority voiding the proceedings and the punishment awarded and restoring all rights, privileges, and property lost by virtue of the punishment imposed

SIMPLE NEGLIGENCE- The absence of due care; for example, an actor omission by a person who is under a duty to use due care that exhibits a lack of that degree of care for the safety of others that a reasonably prudent person would have exercised under the same or similar circumstances.

SOLICITATION- Any statement, oral or written, or any other act or conduct, either directly or through others, that may reasonably be construed as a serious request or advice to commit a criminal offense.

SPECIAL COURT-MARTIAL- The intermediate of the three types of court-martial.

SPECIFICATION- A formal statement of specific acts and circumstances relied upon as constituting the offense charged.

SPONTANEOUS EXCLAMATION- An utterance concerning the circumstances of a startling event made by a person while he or she was in such a condition of excitement, shock, or surprise, caused by his or her participation in or observation of the event, as to warrant a reasonable inference that he or she made the utterance as an impulsive and instinctive outcome of the event, and not as a result of deliberation or design.

STAFF JUDGE ADVOCATE- A certified military lawyer attached to the staff of a convening or supervisory authority who exercises general court-martial jurisdiction.

STATUTE OF LIMITATIONS- The rule of law that, unless waived, establishes the time within which an accused must be charged with an offense to be tried successfully.

STIPULATION- An agreement between the trial and defense counsel, to which the accused agrees, as to the existence or nonexistence of any fact or the content of the testimony that an absent witness would give if he or she were present in the proceedings.

STRAGGLE- To wander away, to rove, to stray, to become separated from, or to lag or linger behind.

STRIKE- To deliver a blow with anything by which a blow can be given.

SUBPOENA- A formal written instrument or legal process that serves to summon a witness to appear before a certain tribunal and to give testimony.

SUBPOENA DUCES TECUM- A formal written instrument or legal process that commands a witness who has in his or her possession or control some documents or evidentiary object that is pertinent to the issues of a pending controversy to produce it before a certain tribunal.

SUBSCRIBE- To write one's signature on a written instrument as an indication of consent, approval, or attestation.

SUBSTANTIVE LAW- That portion of the body of law that contains rights and duties and regulations of the government.

SUMMARY COURT-MARTIAL- The lowest of the three types of court-martial.

SUPERIOR COMMISSIONED OFFICER- A commissioned officer who is superior in rank or command.

SUPERVISORY AUTHORITY- An officer exercising general court-martial jurisdiction who acts as reviewing authority for SCM and SPCM records after the convening authority has acted.

SUSPECT- A person who is suspected of a crime but who has not been formally charged with its commission by the preferral of charges.

SUSPENSION- Action by proper authority to withhold the execution of a punishment for a probationary period pending good behavior on the part of the accused.

TESTIMONY- Statements made by a witness, under oath, before a court or hearing.

THREAT- An avowed present determination or intent to injure the person, property, or reputation of another presently or in the future.

TOLL- To suspend or interrupt the running of.

TORT- A private of civil wrong or injury committed against a person or property and is independent of any contract.

TRIAL COUNSEL- The person who prosecutes a case in the name of the government.

TRUE OWNER- The person who, at the time of the taking, obtaining, or withholding of property, had the superior right to possession of the property involved in the light of all conflicting interests therein involved in the particular case.

TYPE WARRANTED BY SERVICE RECORD DISCHARGE- Characterization of service is determined by the final average in performance and conduct marks and the final average of the marks in personal behavior.

USAGE- A general habit, mode, or course of procedure.

UTTER- To make any use of, or attempt to make any use of, an instrument known to be false by representing, by words or actions, that it is genuine.

VERBATIM- In the exact words, word for word.

VOIR DIRE- Preliminary examination of court members to determine their competency to sit on the court.

WAIVER- A voluntary or intentional giving up of a known right.

WANTON- Behavior of such a highly dangerous and inexcusable character as to exhibit a callous indifference or total disregard for the probable consequences to the personal safety or property of other persons; heedlessness.

WILLFUL- Deliberate, voluntary, and intentional, as distinguished from acts committed through inadvertence, accident, or ordinary negligence.

WRONGFUL- Contrary to law, regulation, lawful order, or custom.



 


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