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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.
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