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Glossary -Continued: H - L
Legalman 3 & 2 - Navy Lawyer / Jag training guide manuals
Glossary -Continued: P
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-accuseds 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   man,   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. AII-9

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