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HABEAS CORPUS—“You have the body”; an order
from a court of competent jurisdiction that requires
the custodian of a prisoner to appear before the court
to show cause why the prisoner is confined or
detained.
HARMLESS ERROR—An error of law that does not
materially prejudice the substantial rights of the
accused.
HEARSAY—An assertive statement, or conduct, that
is offered in evidence to prove the truth of the
assertion, but that was not made by the declarant
while a witness before the court in the hearing in
which it is offered.
IMPROVIDENT PLEA—A plea of guilty that cannot
be accepted if (1) the presiding officer is not
satisfied that the accused understands the meaning
and effect of his or her pleas, or (2) the elements of
the offense have not been admitted, or (3) the
accused is not convinced of his or her own guilt.
INCAPACITATION—The physical state of being
unfit or unable to perform properly.
INCULPATORY—Anything that implicates a person
in a wrongdoing.
INDECENT—An offense to common propriety;
offending against modesty or delicacy; grossly
vulgar or obscene.
INDIVIDUAL MILITARY COUNSEL—Counsel
requested specifically by the accused or respondent
to represent them before a court-martial or
administrative board instead of the appointed
counsel.
INFERENCE—A fact deduced from another fact or
facts shown by the state of the evidence.
INFORMANT—A person who has furnished
information resulting in an investigation of a
possible violation of law to a person whose official
duties include the discovery, investigation, or
prosecution of a case.
IN LOCO PARENTIS—In place of a parent. Used to
signify that a person other than the parent exercises
rights and responsibilities over a child.
INSANITY—See Mental Capacity and Mental
Responsibility.
INSPECTION—An official examination of persons or
property to determine the fitness or readiness of a
person, organization, or equipment, not made with
a view to any criminal action.
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INTENTIONALLY—Deliberately and on purpose;
through design, or according to plan, and not merely
through carelessness or by accident.
INTERROGATION—In criminal law, the process of
questions propounded by police to persons arrested
or suspected to seek solutions of crime.
IPSO FACTO—By the very fact itself.
JOINT OFFENSE—An offense committed by two or
more persons acting together in pursuance of a
common intent.
JOINT TRIAL—The trial of two or more persons
charged with committing a joint offense.
JURISDICTION—The power of a court to hear and
decide a case and to award any appropriate
punishment.
KNOWINGLY—With knowledge; consciously,
intelligently.
LASCIVIOUS—Tending to excite lust; obscene;
relating to sexual impurity; tending to deprave the
morals with respect to sexual relations.
LEGAL ADVISOR—A lawyer, uniformed or civilian,
under the professional supervision of either the
Judge Advocate General or General Counsel of the
Navy, certified under or otherwise meeting the
professional requirements of Article 27(b), UCMJ.
LESSER INCLUDED OFFENSE—An offense
necessarily included in the offense charged; an
offense containing some but not all of the elements
of the offense charged, so that if one or more of the
elements of the offense charged are not proved, the
evidence may still support a finding of guilty of the
included offense.
LEWD—Lustful or lecherous; incontinence earned on
in a wanton manner.
MATTER IN AGGRAVATION—Any circumstance
attending the commission of a crime that increases
its enormity.
MATTER IN EXTENUATION—Any circumstance
serving to explain the commission of the offense,
including the reasons that actuated the accused, but
not extending to a legal justification.
MATTER IN MITIGATION—Any circumstance
having for its purpose the lessening of
punishment to be awarded by the court and
furnishing of grounds for a
clemency.
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