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ATTEMPT—An act, or acts, done with a specific intent
to commit an offense under the Code, amounting to
more than mere preparation, and tending but failing
to effect the commission of such offense.
ATTEST—To signify by subscription of the signer’s
name that the signer has witnessed the execution of
the particular instrument.
ATTORNEY, POWER OF—An instrument
authorizing another to act as one’s agent or attorney.
The instrument by which authority of one person to
act in place and stead of another as attorney in fact
is set forth.
AUTHENTICATION—An official statement
certifying that a writing is true and accurate.
AUTHENTICITY—The quality of being genuine in
character, which in the law of evidence refers to a
piece of evidence actually being what it purports to
be.
BAD-CONDUCT DISCHARGE—One of two types
of punitive discharges that may be awarded an
enlisted member as a court-martial sentence;
designed as a punishment for bad conduct, rather
than as a punishment for serious offenses of either
a civil or military nature; maybe awarded by GCM
or SPCM.
BAIL—To procure the release of a person from legal
custody, by undertaking that the person will appear
at the time and place designated and submit to the
jurisdiction and judgment of the court.
BATTERY—An assault in which the attempt or offer
to do bodily harm is consummated by the infliction
of that harm, Article 128, UCMJ.
BEYOND A REASONABLE DOUBT—The degree
of persuasion based upon proof such as to exclude
not every hypothesis or possibility of innocence, but
any fair and rational hypothesis except that of guilt;
not an absolute or mathematical certainty but a
moral certainty.
BIGAMY—The criminal offense of willfully and
knowingly contracting a second marriage (or going
through the form of a second marriage) while the
first marriage, to the knowledge of the offender, is
still substituting and undissolved.
BODILY HARM—Any physical injury to or offensive
touching of the person of another, however slight.
BONA FIDE—In good faith; actual; genuine.
BREACH OF ARREST—Going beyond the limits of
arrest as set by orders, Article 95, UCMJ.
BREACH OF PEACE—An unlawful disturbance of
the peace by an outward demonstration of a violent
or turbulent nature, Article 116, UCMJ.
BREAKING ARREST—Going beyond the limits of
arrest before being released by proper authority.
BURGLARY—The breaking and entering in the
nighttime of the dwelling of another with intent to
commit murder, manslaughter, rape, carnal
knowledge, larceny, wrongful appropriation,
robbery, forgery, maiming, sodomy, arson,
extortion, or assault, Article 129, UCMJ.
BUSINESS ENTRY—Any writing or record, whether
in the form of an entry in a book or otherwise, made
as a memorandum or record of any act, transaction,
occurrence, or event, made in the regular course of
any business, profession, occupation, or calling of
any kind.
CAPITAL OFFENSE—An offense for which the
maximum punishment includes the death penalty.
CAPTAIN’S MAST—The term applied, through
tradition and usage in the Navy and Coast Guard, to
nonjudicial punishment proceedings.
CARNAL KNOWLEDGE—An act of sexual
intercourse under circumstances not amounting to
rape, by a person with a female who is not his wife,
and who has not attained the age of 16, Article 120,
UCMJ.
CASE LAW—Law obtained from cases that have been
decided.
CAVEAT EMPTOR—Let the buyer beware (or take
care).
CHALLENGE—A formal objection to a member of a
court or the military judge continuing as such in
subsequent proceedings.
May be either (1) a
challenge for cause—such objections based on a
fact or circumstance that has the effect of
disqualifying the person challenged from further
participation in the proceedings or (2) peremptory
challenge—such objection is permitted without
grounds or basis, except that the military judge
cannot be peremptorily challenged.
CHANGE OF VENUE—Removal of a trial from one
jurisdiction to another.
CHARGE—A formal statement of the Article of the
UCMJ that the accused is alleged to have violated.
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