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ENTRAPMENT—A defense available when actions
of an agent of the government intentionally instill in
the mind of the accused a disposition to commit a
criminal offense, when the accused has no notion,
predisposition, or intent to commit the offense.
ENTRY LEVEL STATUS—Upon enlistment, a
member qualifies for entry level status during either
(1) the first 180 days of continuous active military
service or (2) the first 180 days of continuous active
service after a break of more than 92 days of active
service. A member of a Reserve component who is
not on active duty or who is serving under a call or
order to active duty for 180 days or less begins entry
level status upon enlistment in a Reserve
component.
ERROR—A failure to comply with the law in some
way at some stage of the proceedings.
EVIDENCE—Any species of proof, or probative
matter, legally presented at trial, through the
medium of witnesses, records, documents, concrete
objects, demonstrations, and so forth, for the
purpose of inducing belief in the minds of the triers
of fact.
EXCULPATORY—Anything that would exonerate a
person of wrongdoing.
EXECUTION OF HIS OR HER OFFICE—
Engaging in any act or service required or
authorized to be done by statute, regulation, or the
order of a superior.
EX POST FACTO LAW—A law passed after the
occurrence of a fact or commission of an act that
makes the act punishable, imposes additional
punishment, or changes the rules of evidence to the
disadvantage of a party.
EXTENUATION—Information that renders a crime
less heinous than it would be without it and is
presented in an effort to lessen the punishment that
could be awarded at a court-martial or a nonjudicial
punishment proceeding.
EXTRA MILITARY INSTRUCTION—Extra tasks
assigned to one exhibiting behavioral or
performance deficiencies for the purpose of
correcting those deficiencies through the
performance of the assigned tasks; also known as
additional military duty or additional military
instruction.
FEIGN—To misrepresent by a false appearance
statement; to pretend, to simulate, or to falsify.
or
FINDINGS—The determination of the issue as to
whether an accused is guilty or innocent.
FINE—A type of court-martial punishment in the
nature of a pecuniary judgment against an accused,
which, when ordered executed, makes him or her
immediately liable to the United States for the entire
amount of money specified.
FORFEITURE OF PAY—A type of court-martial or
nonjudicial punishment depriving the accused of all
or part of the accused’s pay.
FORMER JEOPARDY—A defense in bar of trial that
no person will be tried for the same offense by the
same sovereign a second time without his or her
consent; also known as double jeopardy.
FORMER PUNISHMENT—A defense in bar of trial
that no person may be tried by court-martial for a
minor offense for which punishment under Article
15, UCMJ, has been imposed.
FORMER TESTIMONY—Testimony of a witness
given in a civil or military court at a former trial of
the accused, or given at a formal pretrial
investigation of an allegation against the accused, in
which the issues were substantially the same.
FRISK—Contact of the outer clothing of a person to
detect by the sense of touch whether a concealed
weapon is being carried.
GENERAL COURT-MARTIAL—The highest trial
court within the military judicial system.
GENERAL DISCHARGE—An administrative
discharge given to military personnel who do not
qualify for an honorable discharge.
GRANT OF IMMUNITY—A promise of immunity
from prosecution in return for courtroom testimony.
GRIEVOUS BODILY HARM—A serious bodily
injury; does not include minor injuries, such as a
black eye or a bloody nose, but does include
fractured or dislocated bones, deep cuts, torn
members of the body, serious damage to internal
organs, and other serious bodily injuries.
GROSS NEGLIGENCE—A wanton, careless, and
reckless disregard of the rights and safety of others;
an utter indifference to the consequences of one’s
actions; a total abandonment of the standard of
reasonable care coupled with a wanton disregard for
the safety of others; that degree of negligence that
is substantially higher in magnitude than simple
inadvertence, but falls short of intentional wrong.
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