The JAG JournalOffice of the Judge Advocate General, Department of the Navy, 1954 |
Άλλες εκδόσεις - Προβολή όλων
Συχνά εμφανιζόμενοι όροι και φράσεις
accused accused's action admissible alleged apply Article 31 AWOL board of review BuPers character evidence charged civilian Code of Military commanding officer confession confinement considered convening authority corpus delicti Court of Military crime decision defense counsel dence determination discharge effect enlisted error evidence fact federal findings forfeitures Government guilty held included instructions intent investigation issue JAG Journal Journal Judge Advocate jurisdiction larceny law officer LCDR lesser included offense Manual for Courts-Martial martial ment Military Appeals Military Justice military law naval Navy obtained offense opinion paragraph person personnel prejudice previous convictions prior procedure prosecution provisions punishment question request retired rule sentence service record special court-martial specific statement supra note testified testimony tion trial counsel UCMJ Uniform Code United unlawful USCMA USNR violation of Article witness
Δημοφιλή αποσπάσματα
Σελίδα 17 - This is conduct that shocks the conscience. Illegally breaking into the privacy of the petitioner, the struggle to open his mouth and remove what was there, the forcible extraction of his stomach's contents — this course of proceeding by agents of government to obtain evidence is bound to offend even hardened sensibilities. They are methods too close to the rack and the screw to permit of constitutional differentiation.
Σελίδα 3 - Attorney is the representative not of an ordinary party to a controversy, but of a sovereignty whose obligation to govern impartially is as compelling as its obligation to govern at all; and whose interest, therefore, in a criminal prosecution is not that it shall win a case, but that justice shall be done.
Σελίδα 11 - ... no person not being authorized by the sender shall intercept any communication and divulge or publish the existence, contents, substance, purport, effect, or meaning of such intercepted communication to any person...
Σελίδα 9 - That no will shall be valid unless it shall be in writing and executed in manner hereinafter mentioned ; (that is to say), it shall be signed at the foot or end thereof by the testator, or by some other person in his presence and by his direction...
Σελίδα 11 - ... holds correspondence with or gives intelligence to the enemy, either directly or indirectly, shall suffer death or such other punishment as a court-martial or military commission may direct.
Σελίδα 3 - A person is not mentally responsible in a criminal sense for an offense unless he was, at the time, so far free from mental defect, disease, or derangement as to be able concerning the particular act charged both to distinguish right from wrong and to adhere to the right...
Σελίδα 16 - The true test of the sufficiency of an indictment is not whether it could have been made more definite and certain, but whether it contains the elements of the offense intended to be charged, and 'sufficiently apprises the defendant of what he must be prepared to meet, and, in case any other proceedings are taken against him for a similar offense, whether the record shows with accuracy to what extent he may plead a former acquittal or conviction.
Σελίδα 15 - If it appears from the complaint that there is probable cause to believe that an offense has been committed and that the defendant has committed it, a warrant for the arrest of the defendant shall issue to any officer authorized by law to execute it.
Σελίδα 13 - The applicable rule is that, where the same act or transaction constitutes a violation of two distinct statutory provisions, the test to be applied to determine whether there are two offenses or only one is whether each provision requires proof of an additional fact which the other does not.
Σελίδα 2 - The President, in time of war, is empowered, through the Secretary of War to take possession and assume control of any system or systems of transportation or any part thereof, and to utilize the same, to the exclusion as far as may be necessary of all other traffic thereon, for the transfer or transportation of troops, war material and equipment, or for such other purposes...