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of the court, or the disturbance of its proceedings by
any riot or disorder.
CONTINUANCE—The adjournment or postpone-
ment of a case to another day or time.
CONTRABAND—Items, the possession of which is in
and of itself illegal.
CONVENING AUTHORITY—The officer having
authority to convene a court-martial and who
convened the court-martial in question, or that
officer’s successor in command.
CONVENING ORDER—The document by which a
cow-t-martial is created, specifies the type of court,
details the members, and, when appropriate, the
specific authority by which the court is created.
CORPUS DELICTI—The body of a crime; facts or
circumstances showing that the crime alleged has
been committed by someone.
COUNSELING—Directly or indirectly advising or
encouraging another to commit an offense, Article
77, UCMJ.
COURT-MARTIAL—A military court, convened
under authority of the government and the UCMJ
for trying and punishing offenses committed by
members of the armed forces and other persons
subject to military law.
COURT-MARTIAL ORDER—A published order
announcing the results of a court-martial trial.
COURT OF INQUIRY—A formal administrative
fact-finding body convened under the authority of
Article 135, UCMJ, whose function it is to search
out, develop, analyze, and record all available
information relative to the matter under
investigation.
COURT OF MILITARY APPEALS—The highest
appellate court established under the UCMJ to
review the records of certain trials by court-martial,
consisting of three judges appointed from civil life
by the President, by and with the advice and consent
of the Senate, for a term of 15 years.
COURT OF MILITARY REVIEW—An intermediate
appellate court established by each Judge Advocate
General to review the record of certain trials by
court-martial-formerly known as Board of
Review.
CREDIBILITY OF A WITNESS—A witness’
worthiness of belief.
CROSS-EXAMINATION—The examination of a
witness at a trial or hearing, or at a deposition, by
the party opposed to the one who produced him or
her, upon his or her evidence given in the
case-in-chief, to test its truth, to further develop it,
or for other purposes.
CULPABLE—Deserving blame; involving the breach
of a legal duty or the commission of a fault.
CULPABLE NEGLIGENCE—Culpable negligence
is a degree of negligence greater than simple
negligence. This form of negligence is also referred
to as recklessness and arises whenever an accused
recognizes a substantial unreasonable risk yet
consciously disregards that risk.
CUSTODY—That restraint of free movement that is
imposed by lawful apprehension.
CUSTOM—A practice that fulfills the following
conditions: (a) it must be long continued; (b) it must
be certain or uniform; (c) it must be compulsory;
(d) it must be consistent; (e) it must be general; (f)
it must be known; and (g) it must not be in
opposition to the terms and provisions of a statute
or lawful regulation or order.
DAMAGE—Any physical injury to property.
DANGEROUS WEAPON—A weapon used in such a
manner that it is likely to produce death or grievous
bodily harm.
DECEIVE—To mislead, trick, cheat, or to cause one to
believe as true that which is false.
DEFENSE COUNSEL—The person who defends the
accused in any proceeding.
DEFERRAL—Discretionary action by proper
authority, postponing the running of the
confinement portion of a sentence, together with a
lack of any posttrial restraint.
DEFRAUD—To obtain, through misrepresentation, an
article or thing of value and to apply it to one’s own
benefit or to the use and benefit of another—either
permanently or temporarily.
DEMONSTRATIVE EVIDENCE—Anything such
as charts, maps, photographs, models, and drawings
used to help construct a mental picture of a location
or object that is not readily available for introduction
into evidence.
DEPOSITION—The testimony of a witness taken out
of court, reduced to writing, under oath or
affirmation, before a person empowered to
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