The Jargon Buster Directory is your central resource for locating an explanation to typical terms found for within all industries , professions and governments. Use our directory to locate and decipher jargon that you would like an explanation for. Keeping our directory up to date and to include all the spheres where jargon is used is a never ending task for us. We have started with what we can locate but but it is a vast subject and can be very niche specific. Are you in a profession or industry that uses jargon that is NOT included here? Then why not send us your own jargon buster text and we will include it within our database. to say thank you we will provide you with a return link back to your web site.
|
||
|
||
|
||
|
Jargon Buster
Government - military law
Military law jargonMilitary Law has its own vocabulary. Here are some commonly used terms and their definitions.
Accused - the defendant.
Article 15 - Non-judicial punishment imposed by a commanding officer. Also may be referred to as "NJP", "Mast", and "Office hours", depending upon the service. A person subjected to Article 15 punishment can refuse it in certain cases, which may lead to a court-martial. A court-martial cannot be refused. Refers to Article 15 of the Uniform Code of Military Justice (the "UCMJ") found at 10 U.S.C. 815.
Article 32 - A formal investigation required before a case may be referred to a general court-martial. Sort of like a grand jury, but the accused gets to attend and participate. Refers to Article 32 of the UCMJ, 10 U.S.C. 832. Can be waived.
BCD - Bad Conduct Discharge, the "Big Chicken Dinner." Next to worst type of punitive discharge.
Convening Authority - Commanding officer of an organization who convenes or authorizes a courts-martial. Sort of like a district attorney but not a lawyer. See UCMJ Art. 22 - 24, 10 U.S.C. 822- 824.
DD - Dishonorable Discharge. The worst type of punitive discharge.
General Court-Martial (GCM) - the most serious court-martial, can award any authorized punishment, including death in capital cases. Requires a Military Judge, at least 5 members, trial and defense counsel. This is sort of like a State Superior Court or Trial Division of a Supreme Court - it gets the big felony cases. UCMJ Art. 16 and 18, 10 U.S.C. 816 and 818.
Members - members of the court - the jury.
Military Judge - a senior military attorney appointed by the Judge Advocate General to serve as judge in a court-martial. Works directly for the Judge Advocate General and is thus independent of the military chain of command. UCMJ Art. 1 and 26, 10 U.S.C. 801 and 826.
Special Court-Martial (SPCM) - Two types - BCD and non-BCD. BCD special can award 6 months confinement, 6 months forfeiture of pay and a BCD ("Six, Six, and a Kick"). Military judge, at least 3 members, trial and defense counsel. A non-BCD special cannot award a BCD. Sort of like a State District Court that tries less cases and can provide relatively limited punishment. UCMJ Art. 16 and 19, 10 U.S.C. 816 and 819.
Staff Judge Advocate (SJA) - legal advisor to the convening authority. Usually works directly for the convening authority. Sort of like a district attorney in function, but final decisions are made by the convening authority. Usually a senior military lawyer with extensive experience. May supervise a large staff of attorneys, including trial counsels, but not defense counsel. UCMJ Art. 34 and 60(d), 10 U.S.C. 834 and 860(d).
Summary Court-Martial (SCM) - One officer court, no military judge, very limited punishment - 30 days confinement. Can be refused in some circumstances - which will often get you a Special Court-Martial - an offer you cannot refuse. Sort of like a Justice of Peace or Magistrates Court. UCMJ Art. 16 and 20, 10 U.S.C. 816 and 820.
TJAG - The Judge Advocate General. Top military lawyer of the service concerned. Either a general or admiral. There are some differences for the Marine Corps and Coast Guard, but they do not matter in practice. UCMJ Art. 1, 10 U.S.C. 801.
Trial Counsel - prosecutor.
|
