of the court, or the disturbance of its proceedings by
any riot or disorder.
CONTINUANCEThe adjournment or postpone-
ment of a case to another day or time.
CONTRABANDItems, the possession of which is in
and of itself illegal.
CONVENING AUTHORITYThe officer having
authority to convene a court-martial and who
convened the court-martial in question, or that
officers successor in command.
CONVENING ORDERThe document by which a
cow-t-martial is created, specifies the type of court,
details the members, and, when appropriate, the
specific authority by which the court is created.
CORPUS DELICTIThe body of a crime; facts or
circumstances showing that the crime alleged has
been committed by someone.
COUNSELINGDirectly or indirectly advising or
encouraging another to commit an offense, Article
COURT-MARTIALA military court, convened
under authority of the government and the UCMJ
for trying and punishing offenses committed by
members of the armed forces and other persons
subject to military law.
COURT-MARTIAL ORDERA published order
announcing the results of a court-martial trial.
COURT OF INQUIRYA formal administrative
fact-finding body convened under the authority of
Article 135, UCMJ, whose function it is to search
out, develop, analyze, and record all available
information relative to the matter under
COURT OF MILITARY APPEALSThe highest
appellate court established under the UCMJ to
review the records of certain trials by court-martial,
consisting of three judges appointed from civil life
by the President, by and with the advice and consent
of the Senate, for a term of 15 years.
COURT OF MILITARY REVIEWAn intermediate
appellate court established by each Judge Advocate
General to review the record of certain trials by
court-martial-formerly known as Board of
CREDIBILITY OF A WITNESSA witness
worthiness of belief.
CROSS-EXAMINATIONThe examination of a
witness at a trial or hearing, or at a deposition, by
the party opposed to the one who produced him or
her, upon his or her evidence given in the
case-in-chief, to test its truth, to further develop it,
or for other purposes.
CULPABLEDeserving blame; involving the breach
of a legal duty or the commission of a fault.
CULPABLE NEGLIGENCECulpable negligence
is a degree of negligence greater than simple
negligence. This form of negligence is also referred
to as recklessness and arises whenever an accused
recognizes a substantial unreasonable risk yet
consciously disregards that risk.
CUSTODYThat restraint of free movement that is
imposed by lawful apprehension.
CUSTOMA practice that fulfills the following
conditions: (a) it must be long continued; (b) it must
be certain or uniform; (c) it must be compulsory;
(d) it must be consistent; (e) it must be general; (f)
it must be known; and (g) it must not be in
opposition to the terms and provisions of a statute
or lawful regulation or order.
DAMAGEAny physical injury to property.
DANGEROUS WEAPONA weapon used in such a
manner that it is likely to produce death or grievous
DECEIVETo mislead, trick, cheat, or to cause one to
believe as true that which is false.
DEFENSE COUNSELThe person who defends the
accused in any proceeding.
DEFERRALDiscretionary action by proper
authority, postponing the running of the
confinement portion of a sentence, together with a
lack of any posttrial restraint.
DEFRAUDTo obtain, through misrepresentation, an
article or thing of value and to apply it to ones own
benefit or to the use and benefit of anothereither
permanently or temporarily.
DEMONSTRATIVE EVIDENCEAnything 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
DEPOSITIONThe testimony of a witness taken out
of court, reduced to writing, under oath or
affirmation, before a person empowered to