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Military Legal Glossary
Accused - A person who
is charged with an offense under military code.
Accuser - Any person who
signs and swears to charges, any person who directs that charges
be signed and sworn to by another.
Admission - A self-incriminatory
statement falling short of a complete acknowledgment of guilt.
Appellate Review - The
after review of the record of trial by a judge advocate and action
by the convening authority.
Apprehension - The taking
of a person into custody.
Arraignment - The reading
of the charges and specifications to the accused or the waiver of
their reading, coupled with the request that the accused enter a
plea of guilty or not guilty.
Arrest - Moral restraint
imposed on a person by oral or written orders of the competent authority
limiting the person's personal liberty pending disposition of the
charges.
Arrest in Quarters - Moral
restraint limiting an officer's liberty, imposed as a non-judicial
punishment by a flag or general officer in command.
Article 15 - An article
of the Uniform Code of Military Justice providing a procedure for
investigating and punishing minor misconduct by military members.
Article 39a Session -
A session of a court-martial called by the military judge either
before the members are seated or after that phase of the trial has
begun.
Bad Conduct Discharge
- One of two types of punitive discharges that may be imposed on
an enlisted person.
Bench Trial - Based on
a request by the accused, a trial where the military judge hears
the evidence, determines guilt and imposes a sentence.
Capital Offense - An offense
for which the maximum punishment includes the death penalty.
Challenge - Formal objection
to a member of the court or the military judge being allowed to
continue to sit on a court-martial.
Charge - A formal statement
explaining the article of the Uniform code of Military Justice which
the accused I alleged to have violated.
Charge and Specification
- A description in writing of the offense that the accused is alleged
to have committed.
Clemency - Discretionary
action by person authorized to reduce the severity of the sentence.
Command - The authority
that a commander in military service lawfully exercises over his/her
subordinates by virtue of being placed in command by a superior
officer.
Constructive Knowledge
- Knowledge which may be found to have existed because the regulation,
notice, fact, or directive at issue was of so notorious a nature,
or was so conspicuously posted or distributed, that the particular
accused ought to have known of its existence.
Convening Authority -
The officer who has authority to convene a court-martial.
Convening Order - The
document by which a court-martial is created. It specifies the type
of court and lists the time and place of meeting, the names of the
members, counsel, and the authority by which the court-martial is
created.
Court-Martial - A military
tribunal composed of one or more members of the Armed Forces.
Court of Appeals for the Armed
Forces - A civilian appellate court composed of five judges
appointed by the President and confirmed by the Senate.
Court of Criminal Appeals
- A military appellate court composed of not less than three
officers or civilians that reviews records of certain courts-martial.
Dereliction of Duty -
Willfully or negligently failing to perform assigned duties or performing
them in a culpably inefficient manner.
Dishonorable Discharge -
The most severe punitive discharge, reserved for those who should
be separated under conditions of dishonor, after having been convicted
of offenses usually recognized by the civil law as felonies or military
offenses requiring severe punishment.
Dismissal - the punitive
discharge imposed on officers and warrant officers.
Disrespect - Words, acts,
omissions that are synonymous with contempt and amount to behavior
or language which detracts from the respect due to the authority
and person of a superior.
Defense Counsel - A judge
advocate who represents a military member in any adverse actions.
Elements - The essential
ingredients of an offense that are to be proven at the trial.
Judge Advocate - An officer
who is admitted to the bar of the highest court of any State or
federal court and has been designated as a judge advocate.
Legal Officer - Any commissioned
officer of the Navy, Marine Corps, or Coast Guard designated to
perform legal duties of a command.
Manual for Courts-Martial
- Provides procedures for the practice of military law, such as
the Rules for Courts-Martial and the Military Rules of Evidence.
Matter in Aggravation
- Any circumstance serving to explain the commission of the offense,
including the reasons that motivated the accused, but not extending
to a legal justification.
Matter in Mitigation -
Any circumstance which is introduced for the purpose of lessening
the punishment to be awarded by a court or to serve as grounds for
a reduction of that sentence in clemency.
Military Judge - The commissioned
officer who acts as the judge in courts-martial.
Minor Offense - An offense
for which confinement of less than one year is authorized.
Negligence - The failure
to exercise the care, prudence, or attention to duties that the
interests of the government require to be exercised by a prudent
and reasonable person under the circumstances.
Non-judicial Punishment -
Punishment imposed under the Article 15 for minor offenses.
Pretrial Agreement - An
agreement between the accused and the convening authority, usually
to limit the amount of punishment that can be imposed in a court-martial
in return for a plea of guilty to some or all of the charges.
Pretrial Investigation
- An investigation under Article 32, UCMJ that is required before
convening a General Court-Martial.
President of the Panel
- The senior ranking member of a court-martial panel.
Punitive Articles - Articles
77 through 134 of the UCMJ. These articles generally describe various
crimes and state how they may be punished.
Referral of Charges -
The action of the convening authority in directing that a particular
case be tried by a court-martial.
Remission - Action by
proper authority interrupting the execution of a punishment and
canceling out the punishment remaining to be served.
Restriction in Lieu of Arrest
- Moral restraint, less severe than arrest.
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.
Suspension - Action by
proper authority to withhold the execution of a punishment for a
probationary period.
Trial Counsel - the judge
advocate who serves as the prosecutor in courts-martial.
Uniform Code of Military Justice - Referred
to as the "UCMJ", it forms the basis for military criminal
law. It contains the requirements for jurisdiction, trial procedure,
sentencing, and non-judicial punishment.
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