Terms Used In Maryland Code > PUBLIC SAFETY > Title 13A - Maryland Code of Military Justice

• Accuser: means :
  
  (1) a person who signs and swears to charges;
  
  (2) a person who directs that charges nominally be signed and sworn to by another; or
  
  (3) any other person who has an interest other than an official interest in the prosecution of the accused. See
• Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
• Allegation: something that someone says happened.
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
• Arraignment: A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• candidate: means a person who is enrolled in or attending a state military academy, a regional training institute, or any other formal education program for the purpose of becoming a commissioned officer in the state military forces. See
• Chief judge: The judge who has primary responsibility for the administration of a court but also decides cases; chief judges are determined by seniority.
• Classified information: means :
  
  (1) information or material that has been determined by an official of the United States or a state pursuant to law, an Executive order, or regulation to require protection against unauthorized disclosure for reasons of national or state security; and
  
  (2) restricted data, as defined in § 11(y) of the Atomic Energy Act of 1954, 42 U. See
• Commander: means commanding officer. See
• Commanding officer: includes :
  
  (1) commissioned officers of the state military forces; and
  
  (2) officers in charge only when administering non-judicial punishment under § 13A-301 of this code. See
• Convening authority: includes :
  
  (1) the person who convened the court; and
  
  (2) (i) a commissioned officer commanding for the time being; or
  
  (ii) a successor in command to the convening authority. See
• Day: means :
  
  (1) calendar day and is not synonymous with the term "unit training assembly. See
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
• Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
• Enlisted member: means a person in an enlisted grade. See
• Extradition: The formal process of delivering an accused or convicted person from authorities in one state to authorities in another state.
• Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. ^{Source: OCC}
• Fraud: Intentional deception resulting in injury to another.
• Judge advocate: means a commissioned officer of the organized state military forces who is a member in good standing of the bar of the highest court of a state:
  
  (1) (i) certified or designated as a judge advocate in the Judge Advocate General's Corps of the Army, Air Force, Navy, or the Marine Corps or designated as a law specialist as an officer of the Coast Guard, or a reserve component of one of these; or
  
  (ii) certified as a non-federally recognized judge advocate, under regulations adopted pursuant to this provision, by the senior judge advocate of the commander of the force in the state military forces of which the accused is a member, as competent to perform such military justice duties required by this code; or
  
  (2) if no judge advocate certified under item (1) of this subsection is available, certified by a senior judge advocate of the commander of another force in the state military forces, as the convening authority directs. See
• Military court: means :
  
  (1) a court-martial; or
  
  (2) a court of inquiry. See
• Military judge: means an official of a general or special court-martial detailed in accordance with § 13A-505 of this title. See
• Military offenses: means the offenses prescribed under the punitive provisions of the code. See
• Oath: A promise to tell the truth.
• Officer: means a commissioned or warrant officer. See
• Plea agreement: An arrangement between the prosecutor, the defense attorney, and the defendant in which the defendant agrees to plead guilty in exchange for special considerations. ^Source:
• Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Record: when used in connection with the proceedings of a court-martial, means:
  
  (1) an official written transcript, written summary, or other writing relating to the proceedings; or
  
  (2) an official audiotape, videotape, digital image or file, or similar material from which sound, or sound and visual images depicting the proceedings, may be reproduced. See
• Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
• Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
• Senior force judge advocate: means the senior judge advocate of the commander of the same force of the State military forces as the accused and who is that commander's chief legal advisor. See
• State military forces: means the National Guard of the State, as defined in title 32 of the United States Code, when not in a status subjecting them to exclusive jurisdiction under 10 U. See
• Statute: A law passed by a legislature.
• Superior commissioned officer: means a commissioned officer superior in rank or command. See
• this Code: means a code of the public general laws of the State that has been adopted and made evidence of the public general laws of the State under § 10-201 of the Courts Article. See
• Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
• Victim advocate: work with prosecutors and assist the victims of a crime.
• Voice vote: A vote in which the Presiding Officer states the question, then asks those in favor and against to say "Yea" or "Nay," respectively, and announces the result according to his or her judgment. The names or numbers of legisators voting on each side are not recorded.