§ 40.005 Definitions — law applicable to all state military forces not in federal ..
§ 40.007 Discharge obtained by fraud — desertion — separation from service while ..
§ 40.010 Dismissal of commissioned officer, by governor — right to trial, procedure ..
§ 40.015 Jurisdiction of military courts
§ 40.017 State judge advocate, appointment, qualifications — assistant judge ..
§ 40.020 Apprehension defined — authority to apprehend, when
§ 40.023 Absent without leave, authority to apprehend — offender outside state, ..
§ 40.025 Arrest — confinement — definitions — probable cause required — procedure — ..
§ 40.030 Orders for arrest and confinement, when — certain offenses, confinement not ..
§ 40.035 Confinement, where
§ 40.036 Jails and prisons required to keep prisoners, when — official’s duties
§ 40.038 Confinement requirements — other punishment prohibited — exception
§ 40.040 Civil offenses, delivery to civil authority for trial — offender also ..
§ 40.043 Disciplinary punishment for minor offenses, no court-martial required — ..
§ 40.050 Personnel serving on courts for courts-martial — branches of National ..
§ 40.055 General courts-martial, jurisdiction — punishment
§ 40.060 Special courts-martial, jurisdiction — punishment — exceptions
§ 40.065 Summary courts-martial, jurisdiction — punishment — objection by accused, ..
§ 40.070 Discharges or dismissals by courts-martial, requirements — governor’s ..
§ 40.075 Sentence to confinement at one dollar a day instead of fine — limitations
§ 40.079 Jurisdiction of courts-martial — accused of civil offense, release to civil ..
§ 40.083 Convening general courts-martial, persons authorized
§ 40.085 Convening special courts-martial, persons authorized
§ 40.088 Convening summary courts-martial, persons authorized
§ 40.090 Eligibility to serve on courts-martial — members, how determined — unit, ..
§ 40.095 Military judge — appointment — qualifications — duties — restrictions
§ 40.098 Trial counsel and defense counsel appointed, when — qualifications — ..
§ 40.100 Court reporters, appointment, when
§ 40.105 Members of general and special courts-martial required to be present, ..
§ 40.108 Charges — contents — oath — accused to be informed
§ 40.112 Compelling self-incrimination prohibited — accused person’s rights — ..
§ 40.114 Impartial investigation of charges required — accused person’s rights — ..
§ 40.117 Charges forwarded to officer exercising general court-martial jurisdiction, ..
§ 40.119 Referring charges for trial requirements to be met in general court-martial
§ 40.121 Copy of charges served on accused by trial counsel — time requirement ..
§ 40.124 Procedure in military courts
§ 40.126 Attempts to influence or coerce court prohibited — exceptions
§ 40.128 Trial counsel, duties — defense counsel, duties — accused’s right to ..
§ 40.130 Pretrial motions, arraignment, pleas, court in session without members — ..
§ 40.133 Continuances, granted, when
§ 40.135 Challenges, general or special court-martial
§ 40.138 Oath required for all judges, members, counsel, reporters, interpreters
§ 40.141 Time limitation to bring action — war time, certain offenses no limitation ..
§ 40.144 Res judicata to apply, when — exception not a bar to civilian prosecution
§ 40.148 Not guilty plea, entered when
§ 40.150 Witnesses and evidence, authority to obtain
§ 40.153 Witness, willful failure to appear or to produce evidence, penalty — ..
§ 40.155 Contempt, authority of military court — penalties
§ 40.157 Depositions authorized, when — procedure — exception — admitted into ..
§ 40.160 Sworn testimony in court of inquiry, record admissible in evidence, when — ..
§ 40.165 Voting by members, procedure, general or special court-martial — ..
§ 40.168 Conviction to be by concurrence, exception — general court-martial ..
§ 40.170 Sentence and findings announced, when
§ 40.173 Record of proceedings authentication — verbatim, record not required when — ..
§ 40.175 Cruel and unusual punishment prohibited
§ 40.178 Punishment, governor may prescribe limits
§ 40.180 Sentence, forfeiture of pay or allowance, effective when — confinement, ..
§ 40.183 Sentence of confinement, where served — hard labor may be required — fee ..
§ 40.185 Sentence, convening authority may approve, suspend or commute
§ 40.190 Trial record review by reviewing authority
§ 40.193 Opinion on general court-martial — drafted by whom — acquittal, limitations
§ 40.195 Record returned for reconsideration, when
§ 40.198 Rehearing limitations — dismissal of charges, when
§ 40.200 Sentence, approval by convening authority — powers
§ 40.203 Review — prohibited, when — general court-martial — bad conduct discharge, ..
§ 40.205 Record of trial examined by judge advocate — board of review to review, when
§ 40.208 Boards of review — appointment — membership — qualifications — powers and ..
§ 40.210 Error of law, findings or sentence not incorrect unless prejudicial to ..
§ 40.214 Appeals, when — accused’s right to civilian counsel provided by him or ..
§ 40.216 Sentence approval by governor required, when — governor’s powers — sentence ..
§ 40.218 Probationer, violations — hearing, rights of probationer to counsel — ..
§ 40.220 New trial, petition by accused when, grounds — time limitation
§ 40.225 Sentence, unexecuted portion — powers to remit or suspend, exception — ..
§ 40.228 Sentence set aside or disapproved all rights restored, exception — ..
§ 40.230 Sentences, proceedings, findings are final, exception — appeal on questions ..
§ 40.231 Appeals from final decisions, how made
§ 40.234 Duty status required for conviction on certain offenses
§ 40.237 Principal in actions defined
§ 40.240 Assists offender, how punished
§ 40.245 Attempt to commit offense may be part of offense
§ 40.250 Attempt to commit offense even though failing in commission is offense, when
§ 40.255 Conspirators, deemed to have committed offense, when
§ 40.260 Advising or soliciting — desertion — mutiny — misbehavior before a hostile ..
§ 40.265 False representation to procure enlistment — appointment — separation — ..
§ 40.270 Ineligible persons — enlisted, appointed, or separated from service, person ..
§ 40.273 Desertion, defined — punishment by court-martial
§ 40.276 Absent from place of duty — court-martial
§ 40.278 Missing ship, aircraft or unit — court-martial
§ 40.280 Contemptuous words, used against certain officials — court-martial
§ 40.285 Disrespect to superior commissioned officer — court-martial
§ 40.290 Violence or willfully disobeying command of superior commissioned officer
§ 40.295 Strikes, assaults or willfully disobeys, warrant officer — noncommissioned ..
§ 40.300 Orders — failure or dereliction in obeying — court-martial
§ 40.305 Cruelty or maltreatment of persons subject to his orders — court-martial
§ 40.307 Mutiny — sedition — attempted mutiny or sedition — failure to suppress or ..
§ 40.310 Arrest, resists or breaks — escape from confinement — court-martial
§ 40.312 Escape by neglect or improper release of prisoners — court-martial
§ 40.315 False apprehension, arrest, confinement — court-martial
§ 40.320 Delay in case — failure to enforce regulation of proceedings — court-martial
§ 40.325 Hostile force, in presence of, commits certain offenses — court-martial
§ 40.328 Attempts to compel officer to surrender to enemy or to strike colors ..
§ 40.330 Parole or countersign giving to person not entitled or giving improperly to ..
§ 40.335 Forcing a safeguard, court-martial
§ 40.340 Public property, duty to secure when taken from hostile forces — failure to ..
§ 40.350 Hostile forces, aid — court-martial
§ 40.355 Hostile forces, capture — conduct improper — court-martial
§ 40.360 Signs official documents with intent to deceive — court-martial
§ 40.365 Military property — sells, neglects, damages, destroys, loses — court-martial
§ 40.370 Property, not military — willfully, recklessly wastes or spoils — ..
§ 40.375 Hazarding vessels of the United States or state, causing to be hazarded — ..
§ 40.380 Leaving post while on duty — use of drugs, drunkenness, sleeping on duty — ..
§ 40.385 Fighting — promoting a fight or duel, failure to report — court-martial
§ 40.387 Avoiding work, duty or service — court-martial
§ 40.390 Riot or breach of the peace, causing or participating — court-martial
§ 40.395 Provocative gestures or words, constituting a threat of violence — ..
§ 40.398 Perjury — giving a false oath or false testimony in a matter of inquiry — ..
§ 40.400 False claims against United States or state — forgery or counterfeiting ..
§ 40.405 Larceny or wrongful appropriation of property — court-martial
§ 40.408 Officer’s conduct, unbecoming to an officer and a gentleman — court-martial
§ 40.410 Neglecting or prejudicing discipline of the military — bringing discredit ..
§ 40.415 Military property, purchasing or receiving in pawn or pledge — court-martial
§ 40.420 Courts of inquiry, duties, how convened — members of court — counsel, ..
§ 40.425 Oaths, persons having authority to administer
§ 40.430 Military justice — certain sections explained to enlisted members, when — ..
§ 40.435 Complaints against commanding officer, procedure
§ 40.440 Property of person damaged or taken, board convened to investigate, procedure
§ 40.445 Processes and sentences of courts-martial executed by civil officers, fees, ..
§ 40.450 Process or mandates, authority to issue
§ 40.455 Fines and costs imposed by military court, how paid
§ 40.460 Civilian officers to execute required duties, failure to perform, penalty
§ 40.465 Actions against convening authority or member of court, prohibited, when
§ 40.470 Jurisdiction presumed, burden of proof
§ 40.475 Governor’s powers to delegate authority — exception
§ 40.480 Purpose of military laws
§ 40.485 Expenses, per diems, transportation for military personnel and civilians ..
§ 40.490 Reemployment rights of persons ordered to active duty — attorney general to ..
§ 40.495 Severability of sections
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Terms Used In Missouri Laws > Chapter 40 - Military Justice

  • Acquittal:
    1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
    2. A verdict of "not guilty."
     
  • Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • 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.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • 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.
  • Arrest: Taking physical custody of a person by lawful authority.
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • 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:
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Extradition: The formal process of delivering an accused or convicted person from authorities in one state to authorities in another state.
  • following: when used by way of reference to any section of the statutes, mean the section next preceding or next following that in which the reference is made, unless some other section is expressly designated in the reference. See Missouri Laws 1.020
  • Fraud: Intentional deception resulting in injury to another.
  • 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.
  • Month: means a calendar month, and "year" means a calendar year unless otherwise expressed, and is equivalent to the words year of our Lord. See Missouri Laws 1.020
  • Oath: A promise to tell the truth.
  • person: may extend and be applied to bodies politic and corporate, and to partnerships and other unincorporated associations. See Missouri Laws 1.020
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Property: includes real and personal property. See Missouri Laws 1.020
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • 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).
  • State: when applied to any of the United States, includes the District of Columbia and the territories, and the words "United States" includes such district and territories. See Missouri Laws 1.020
  • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
  • Subpoena: A command to a witness to appear and give testimony.
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • United States: includes such district and territories. See Missouri Laws 1.020