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Page Title: Glossary of Words and Phrases: O - P
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ON DUTY—(As used in UCMJ, Article 112). In the exercise of duties of routine or detail, in garrison, at a station, or in the field; does not relate to those periods when, no duty being required of military personnel by order of regulations, they occupy the status of leisure known as “off duty“ or “on liberty.” OPINION OF THE COURT—A statement by a court of  the  decision  reached  in  a  particular  case, expounding the law as applied to the case, and detailing the reasons upon which the decision is based. ORAL   EVIDENCE—The   sworn   testimony   of   a witness received at trial. OSVET—A prior service veteran whose last tour of active duty was in a branch of service other than Navy, has been discharged or released more than 2 hours,  and  has  completed  a  minimum  of  180 consecutive days’ active duty. P A S T    R E C O L L E C T I O N    R E C O R D E D — Memorandum prepared by a witness, or read by him or her and found to be correct, reciting facts or events that represent his or her past knowledge possessed at a time when his or her recollection was reasonably fresh as to the facts or events recorded. PER CURIAM—“By the court”; a phrase used in the report of the opinion of a court to distinguish an opinion of the whole court from an opinion written by any one judge. PER SE—Taken alone; in and of itself; inherently. PERPETRATOR—One  who  actually  commits  the crime, either by his or her own hand, by an animate or inanimate agency, or by an innocent agent. PLEADING—The written formal indictment by which an accused is charged with an offense; in military law,  the  charges  and  specifications. PLEAS—The accused’s response to each charge and specification. POSSESSION—Actual physical control and custody over an item of property. PREFERRAL   OF   CHARGES—The   formal accusation against an accused by an accuser signing and  swearing  to  the  charges  and  specifications. PREJUDICIAL   ERROR—An   error   of   law   that materially  affects  the  substantial  rights  of  the accused and requiring corrective action. P R E L I M I N A R Y     I N Q U I R Y — T he initial investigation  of  a  reported  or  suspected  violation  of the  UCMJ. PRESIDENT   OF   A   COURT-MARTIAL—The detailed senior member in rank present at the trial. PRESIDING OFFICER—In a special court-martial without a military judge, it is the president of the court; in a court-martial with a military judge, the presiding officer is the military judge. PRESUMPTION—A fact that the law requires the court to deduce from another factor facts shown by the state of the evidence unless that fact is overcome by other evidence before the court. PRETRIAL AGREEMENT.—An agreement offering the   accused   to   plead   guilty   to   one   or   more specifications in exchange for a limit on some type of  punishment. PRETRIAL  INVESTIGATION—An  investigation pursuant to Article 32, UCMJ, that is required before convening a GCM, unless waived by the accused. PRIMA  FACIE  CASE—Introduction  of  substantial evidence that, together with all proper inferences to be   drawn   therefrom   and   all   applicable presumptions, reasonably tends to establish every essential element of an offense charged or included in  any  specification. PRINCIPAL—(1)  One  who  aids,  abets,  counsels, commands,  or  procures  another  to  commit  an offense  that  is  subsequently  perpetrated  in consequence   of   such   counsel,   command,   or procuring, whether the individual is present or absent at the commission of the offense; (2) the perpetrator. P R I O R    E N L I S T M E N T    O R    P E R I O D    OF SERVICE—Service  in  any  component  of  the armed  forces,  including  the  Coast  Guard,  that culminated in the issuance of a discharge certificate or certificate of service. PROBABLE   CAUSE—(1)   For   apprehension,   a reasonable grounds for believing that an offense has been committed and that the person apprehended committed it; (2) for pretrial restraint, reasonable grounds   for   believing   that   an   offense   was committed by the person being restrained; and (3) for search, a reasonable grounds for believing that items connected with criminal activity are located in the place or on the person to be searched. AII-10

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