§ 1 Definitions
§ 2 Persons subject to this code; jurisdiction
§ 3 Jurisdiction to try certain personnel
§ 5 Territorial applicability of the code
§ 6 Judge Advocates
§ 7 Apprehension
§ 9 Imposition of restraint
§ 10 Restraint of persons charged with offenses
§ 11 Place of confinement; Reports and receiving of prisoners
§ 12 Confinement with enemy prisoners prohibited
§ 13 Punishment prohibited before trial
§ 14 Delivery of offenders to civil authorities
§ 15 Commanding officer’s non-judicial punishment
§ 16 Courts-martial classified
§ 17 Jurisdiction of courts-martial in general
§ 18 Jurisdiction of general courts-martial.
§ 19 Jurisdiction of special courts-martial
§ 20 Jurisdiction of summary courts-martial
§ 22 Who may convene general courts-martial
§ 23 Who may convene special courts-martial
§ 24 Who may convene summary courts-martial
§ 25 Who may serve on courts-martial
§ 26 Military judge of a general or special court-martial
§ 27 Detail of trial counsel and defense counsel
§ 28 Detail or employment of reporters and interpreters
§ 29 Absent and additional members
§ 30 Charges and specifications
§ 31 Compulsory self-incrimination prohibited
§ 32 Investigation
§ 33 Forwarding of charges
§ 34 Advice of judge advocate and reference for trial
§ 35 Service of charges
§ 36 Commander-in-chief or the adjutant general may prescribe rule
§ 37 Unlawfully influencing action of court
§ 38 Duties of trial counsel and defense counsel
§ 39 Sessions
§ 40 Continuances
§ 41 Challenges
§ 42 Oaths or Affirmations
§ 43 Statute of limitations
§ 44 Former jeopardy
§ 45 Pleas of the accused
§ 46 Opportunity to obtain witnesses and other evidence
§ 47 Refusal to appear or testify
§ 48 Contempt
§ 49 Depositions
§ 50 Admissibility of records of courts of inquiry
§ 50A Defense of lack of mental responsibility
§ 51 Voting and rulings
§ 52 Number of votes required
§ 53 Court to announce action
§ 54 Record of trial
§ 55 Cruel and unusual punishments prohibited
§ 56 Maximum limits
§ 57 Effective date of sentences
§ 57A Deferment of sentences
§ 58 Deferment of sentences
§ 58A Sentences: reduction in enlisted grade upon approval
§ 58B Sentences: forfeiture of pay and allowances during confinement
§ 59 Error of law; lesser included offense
§ 60 Action by the convening authority
§ 61 Withdrawal of appeal
§ 62 Appeal by the State
§ 63 Rehearings
§ 64 Review by the Senior Force Judge Advocate
§ 65 Disposition of records after review by the convening authority
§ 67A Review by state appellate authority
§ 70 Appellate counsel
§ 71 Execution of sentence; suspension of sentence
§ 72 Vacation of suspension
§ 73 Petition for a new trial
§ 74 Remission and suspension
§ 75 Restoration
§ 76 Finality of proceedings, findings and sentences
§ 76A Leave required to be taken pending review of certain court-martial convictions
§ 76B Lack of mental capacity or mental responsibility: commitment of accused for examination and treatment
§ 77 Principals
§ 78 Accessory after the fact
§ 79 Conviction of lesser included offense
§ 80 Attempt
§ 81 Conspiracy
§ 82 Solicitation
§ 83 Fraudulent enlistment, appointment or separation
§ 84 Unlawful enlistment, appointment or separation
§ 85 Desertion
§ 86 Absence without leave
§ 87 Missing movement
§ 88 Contempt toward officials
§ 89 Disrespect toward superior commissioned officer
§ 90 Assaulting or willfully disobeying superior commissioned officer
§ 91 Insubordinate conduct toward warrant officer, noncommissioned officer or petty officer
§ 92 Failure to obey order or regulation
§ 93 Cruelty and maltreatment
§ 94 Mutiny or sedition
§ 95 Resistance, flight, breach of arrest and escape
§ 96 Releasing prisoner without proper authority
§ 97 Unlawful detention
§ 98 Noncompliance with procedural rules
§ 99 Misbehavior before the enemy
§ 100 Subordinate compelling surrender
§ 101 Improper use of countersign
§ 102 Forcing a safeguard
§ 103 Captured or abandoned property
§ 104 Aiding the enemy
§ 105 Misconduct as prisoner
§ 107 False official statements
§ 108 Loss, damage, destruction or wrongful disposition of military property
§ 109 Waste, spoilage or destruction of non-military property
§ 112 Drunk on duty
§ 112A Wrongful use, possession, manufacturing, distribution, and importing of controlled substances
§ 113 Misbehavior of sentinel
§ 114 Dueling
§ 115 Malingering
§ 116 Riot or breach of peace
§ 117 Provoking speeches or gestures
§ 118 to 131 [There are no 33A:118 to 33A:131.]
§ 132 Frauds against the government
§ 133 Conduct unbecoming an officer
§ 134 General article
§ 135 Courts of inquiry
§ 136 Authority to administer oaths and to act as notary
§ 137 Articles to be made available
§ 138 Complaints of wrongs
§ 139 Redress of injuries to property
§ 140 Delegation by the Commander-in-chief
§ 141 Payment of fees, costs, and expenses
§ 142 Payment of fines and disposition thereof
§ 143 Uniformity of interpretation and Military Rules of Evidence
§ 144 Immunity for action of military courts
§ 145 Severability
§ 146 Short Title

Terms Used In Massachusetts General Laws > Chapter 33A - Massachusetts Code of Military Justice

  • 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.
  • 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.
  • 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.
  • Bench trial: Trial without a jury in which a judge decides the facts.
  • 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.
  • Contract: A legal written agreement that becomes binding when signed.
  • 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.
  • Fraud: Intentional deception resulting in injury to another.
  • Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
  • Interests: includes any form of membership in a domestic or foreign nonprofit corporation. See Massachusetts General Laws ch. 156D sec. 11.01
  • Joint resolution: A legislative measure which requires the approval of both chambers.
  • 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.
  • Oath: A promise to tell the truth.
  • Personal property: All property that is not real property.
  • 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.
  • 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.
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • 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).
  • Service of process: The service of writs or summonses to the appropriate party.
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • Statute: A law passed by a legislature.
  • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • 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.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Verdict: The decision of a petit jury or a judge.
  • 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.