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
DUTIESWillfully or negligently failing to
perform assigned duties or performing them in a
culpably inefficient manner.
DESIGNOn purpose, intentionally, or according to
plan and not merely through carelessness or by
accident; specifically intended.
DESTROYSufficient injury to render property
useless for the purpose that it was intended, not
necessarily amounting to complete demolition or
DETENTION OF PAYA 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 EVIDENCEEvidence that tends directly
to prove or disprove a fact in issue.
DISCHARGEComplete severance from all naval
status gained by the enlistment or induction
DISCOVERYThe right to examine information
dissscsscd by the opposing side before or during
DISHONORABLE DISCHARGEThe 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 warranting 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 be awarded by a GCM. It is considered the
equivalent of a dishonorable discharge.
DISORDERLY CONDUCTBehavior of such a
nature as to affect the peace and quiet of persons
who may witness the same and who may be
disturbed or provoked to resentment thereby.
DISRESPECTWords, 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 EVIDENCEEvidence supplied
by writings and documents.
DOMINIONControl 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 PROCESSA 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.
DURESSUnlawful constraint on a person whereby
the person is forced to do some act that he or she
otherwise would not have done.
DYING DECLARATIONA 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
ELEMENTSThe 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,
ENLISTED PERFORMANCE EVALUATION
SYSTEMThe formal servicewide rating system
used to record an individuals fitness for service,
performance of duties, and conduct based on
alphanumerical scores accumulated in the formal
servicewide rating system. The performance and
conduct scores of an individual as recorded during
the current enlistment are used in determining the
characterization of service and reenlistment