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CHARGE AND SPECIFICATION—A description in
writing of the offense that the accused is alleged to
have committed; each specification, together with
the charge under which it is placed, constitutes a
separate accusation.
CHARGE SHEET—A two-page document, DD Form
458, that contains (1) information about the
accused, (2) the charges and specifications, (3) the
preferring of charges and their referral to a
summary, special, or general court-martial; and (4)
in the case of a summary court-martial, the record
of trial.
CHIEF WARRANT OFFICER—A warrant officer of
the armed forces who holds a commission or
warrant in warrant officer grades W-2 through W-4.
CIRCUMSTANTIAL EVIDENCE—Testimony not
based on actual personal knowledge or observation
of the facts in controversy, but of other facts from
which deductions are drawn, showing indirectly the
facts sought to be proved.
CLEMENCY—Discretionary action by proper
authority to reduce the severity of a punishment.
CLOSED SESSIONS—Those periods during a
court-martial where the members or the military
judge (in a judge alone case) is deliberating alone
on findings and sentence.
CODIFICATION—Process of collecting and
arranging the laws of a country or state into a code;
for example, U.S. Code.
COLLATERAL ATTACK—An attempt to impeach
or challenge the integrity of a court judgment in a
proceeding other than that in which the judgment
was rendered and outside the normal chain of
appellate review.
COLLISION—Striking together of two objects, one of
which may be stationary. The act of ships or vessels
striking together. In its strict sense, collision means
the impact of two vessels, both moving, and is
distinguished from allision, which designates the
striking of a moving vessel against one that is
stationary.
COMMAND—(1) An order; (2) any demanding of
another to do an act toward commission of a crime,
Article 77, UCMJ.
COMMANDING OFFICER—A commissioned
officer in command of a unit or units, an
organization, or an area of the armed forces.
COMMISSIONED OFFICER—An officer of the
naval service who holds a commission in an officer
grade, chief warrant officer W-2, and above.
COMMON TRIAL—A trial in which two or more
persons are charged with the commission of an
offense or offenses that, although not jointly
committed, were committed at the same time and
place and are provable by the same evidence.
COMPETENCY—The
p r e s e n c e of
those
characteristics, or the absence of those disabilities
(for example, exclusionary rules), that renders a
particular item of evidence fit and qualified to be
presented in court.
CONCURRENT JURISDICTION—Jurisdiction that
is possessed over the same parties or subject matter
at the same time by two or more separate tribunals.
CONCURRENT SERVICE OF PUNISHMENT—
Two or more punishments being served at the same
time.
CONFESSION—An acknowledgement of guilt of an
offense.
CONFINEMENT—The physical restraint of a person,
imposed by either oral or written orders of
competent authority, depriving a person of freedom.
CONSECUTIVE SERVICE OF PUNISHMENT—
Two or more punishments being served in series,
one after the other.
CONSPIRACY—A combination of two or more
persons who have agreed to accomplish, by
concerted action, an unlawful purpose or some
purpose not in itself unlawful but by unlawful
means, and the doing of some act by one or more of
the conspirators to effect the object of that
agreement.
CONSTRUCTIVE ENLISTMENT—A valid
enlistment arising where the initial enlistment was
void but the enlistee submits voluntarily to military
authority, is mentally competent and at least 17
years old, receives pay, and performs duties.
CONSTRUCTIVE KNOWLEDGE—A state wherein
a person is inferred to have knowledge of an order,
regulation, or fact as a result of having a reasonable
opportunity to gain such knowledge (for example,
presence in an area where the relevant information
was commonly available).
CONTEMPT—In military law, the use of any
menacing words, signs, or gestures in the presence
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