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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.
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