§ 13A-301 Commanding officer’s non-judicial punishment

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Terms Used In Maryland Code > PUBLIC SAFETY > Title 13A > Subtitle 3 - Non-Judicial Punishment

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Arrest: Taking physical custody of a person by lawful authority.
  • 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
  • Enlisted member: means a person in an enlisted grade. See
  • including: means includes or including by way of illustration and not by way of limitation. See
  • 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
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • minor: means an individual under the age of 18 years. See
  • Officer: means a commissioned or warrant officer. See
  • Person: includes an individual, receiver, trustee, guardian, personal representative, fiduciary, representative of any kind, corporation, partnership, business trust, statutory trust, limited liability company, firm, association, or other nongovernmental entity. 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
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.