§ 30-13-1 Definitions
§ 30-13-2 Persons subject to code
§ 30-13-3 Jurisdiction to try certain personnel
§ 30-13-4 Court-martial of dismissed officer
§ 30-13-5 Territorial applicability of code
§ 30-13-6 Judge advocates and legal officers
§ 30-13-7 Authority to apprehend
§ 30-13-8 Apprehension of deserters
§ 30-13-9 Imposition of restraint
§ 30-13-10 Restraint of persons charged with offenses
§ 30-13-11 Confinement in jails
§ 30-13-12 Reports and receiving of prisoners
§ 30-13-13 Punishment prohibited before trial
§ 30-13-14 Delivery of offenders to civil authorities
§ 30-13-15 Nonjudicial punishment
§ 30-13-16 Courts-martial – Composition
§ 30-13-17 Jurisdiction of courts-martial – In general
§ 30-13-18 Jurisdiction of general courts-martial
§ 30-13-19 Jurisdiction of special courts-martial
§ 30-13-20 Jurisdiction of summary courts-martial
§ 30-13-21 Sentences to be approved by governor
§ 30-13-22 Record of proceedings if dishonorable discharge, bad conduct discharge, or dismissal adjudged
§ 30-13-23 Confinement in default of payment of fine
§ 30-13-24 Who may convene general courts-martial
§ 30-13-25 Who may convene special courts-martial
§ 30-13-26 Who may convene summary courts-martial
§ 30-13-27 Who may serve on courts-martial
§ 30-13-28 Law officer of a general court-martial
§ 30-13-29 Detail of trial counsel and defense counsel
§ 30-13-30 Reporters and interpreters
§ 30-13-31 Absent and additional court-martial members
§ 30-13-32 Charges and specifications
§ 30-13-33 Compulsory self-incrimination prohibited
§ 30-13-34 Investigation
§ 30-13-35 Forwarding of charges
§ 30-13-36 Advice of state judge advocate and reference for trial
§ 30-13-37 Service of charges
§ 30-13-38 Confinement pending trial – Bail
§ 30-13-39 Governor may prescribe procedure
§ 30-13-40 Unlawfully influencing action of court
§ 30-13-41 Duties of trial counsel and defense counsel
§ 30-13-42 Sessions
§ 30-13-43 Continuances
§ 30-13-44 Challenges
§ 30-13-45 Oaths
§ 30-13-46 Statute of limitations
§ 30-13-47 Double jeopardy
§ 30-13-48 Entering of not-guilty plea by court
§ 30-13-49 Opportunity to obtain witnesses and other evidence
§ 30-13-50 Refusal to appear or testify
§ 30-13-51 Contempt
§ 30-13-52 Depositions
§ 30-13-53 Admissibility of records of courts of inquiry
§ 30-13-54 Voting and rulings by court-martial
§ 30-13-55 Number of votes required
§ 30-13-56 Court to announce action
§ 30-13-57 Record of trial
§ 30-13-58 Cruel and unusual punishment prohibited
§ 30-13-59 Maximum limits
§ 30-13-60 Effective date of sentences
§ 30-13-61 Execution of confinement
§ 30-13-62 Approval of sentence
§ 30-13-63 Initial action on the record
§ 30-13-64 Opinion of judge advocate
§ 30-13-65 Reconsideration and revision of record
§ 30-13-66 Rehearings
§ 30-13-67 Approval by convening authority
§ 30-13-68 Review of records
§ 30-13-69 Error of law – Lesser included offense
§ 30-13-70 Review counsel
§ 30-13-71 Vacation of suspension
§ 30-13-72 Petition for new trial
§ 30-13-73 Remission and suspension of sentence – Substitution of administrative discharge
§ 30-13-74 Restoration following sentence set aside
§ 30-13-75 Finality of proceedings, findings, and sentences
§ 30-13-76 Persons to be tried or punished
§ 30-13-77 Principals
§ 30-13-78 Accessory after the fact
§ 30-13-79 Lesser included offenses
§ 30-13-80 Attempts
§ 30-13-81 Conspiracy
§ 30-13-82 Solicitation
§ 30-13-83 Fraudulent enlistment, appointment, or separation
§ 30-13-84 Unlawful enlistment, appointment, or separation
§ 30-13-85 Desertion
§ 30-13-86 Absence without leave
§ 30-13-87 Missing movement
§ 30-13-88 Contempt towards officials
§ 30-13-89 Disrespect towards superior commissioned officer
§ 30-13-90 Assaulting or willfully disobeying superior commissioned officer
§ 30-13-91 Insubordinate conduct toward warrant officer, non-commissioned officer, petty officer, or specialist
§ 30-13-92 Failure to obey order or regulation – Derelict performance
§ 30-13-93 Cruelty and maltreatment
§ 30-13-94 Mutiny or sedition
§ 30-13-95 Resistance, breach of arrest, and escape
§ 30-13-96 Releasing prisoner without proper authority
§ 30-13-97 Unlawful detention of another
§ 30-13-98 Noncompliance with procedural rules
§ 30-13-99 Misbehavior before the enemy
§ 30-13-100 Subordinate compelling surrender
§ 30-13-101 Improper use of countersign
§ 30-13-102 Forcing a safeguard
§ 30-13-103 Captured or abandoned property
§ 30-13-104 Aiding the enemy
§ 30-13-105 Misconduct of prisoner of war
§ 30-13-106 False official statements
§ 30-13-107 Military property – Loss, damage, destruction, or wrongful disposition
§ 30-13-108 Property other than military property – Waste, spoilage, or destruction
§ 30-13-109 Improper hazarding of vessel
§ 30-13-110 Drunken or reckless driving
§ 30-13-111 Drunk on duty – Sleeping on post – Leaving post before relief
§ 30-13-112 Dueling
§ 30-13-113 Malingering
§ 30-13-114 Riot or breach of peace
§ 30-13-115 Provoking speeches or gestures
§ 30-13-116 Perjury
§ 30-13-117 Frauds against government
§ 30-13-118 Larceny and wrongful appropriation
§ 30-13-119 Unbecoming conduct
§ 30-13-120 General disorders and neglect
§ 30-13-121 Courts of inquiry
§ 30-13-122 Authority to administer oaths
§ 30-13-123 Provisions to be explained
§ 30-13-124 Complaints of wrongs
§ 30-13-125 Redress of injuries to property
§ 30-13-126 Execution of processes and sentences
§ 30-13-127 Process of military courts
§ 30-13-128 Payment of fines and disposition thereof
§ 30-13-129 Immunity for action of military courts
§ 30-13-130 Presumption of jurisdiction
§ 30-13-131 Delegation of authority by governor
§ 30-13-132 Conformity to federal law
§ 30-13-133 Expenses of courts
§ 30-13-134 Uniformity of law
§ 30-13-135 Short title

Terms Used In Rhode Island General Laws > Chapter 30-13 - Rhode Island Code of Military Justice

  • Accuser: means a person who signs and swears to charges, any person who directs that charges nominally be signed and sworn to by another, and any person who has an interest, other than an official interest, in the prosecution of the accused;
    (2) "Active state duty" means full-time duty in the active military service of the state under an order of the governor issued under authority vested in the governor by law, and includes travel to and from that duty;
    (3) "Code" means this chapter;
    (4) "Commanding officer" includes only commissioned officers;
    (5) "Commissioned officer" includes a commissioned warrant officer;
    (6) "Convening authority" includes, in addition to the person who convened the court, a commissioned officer commanding for the time being, or a successor in command;
    (7) "Duty status other than active state duty" means any type of required duty other than that set forth in subdivision (2) of this section and includes travel to and from that duty;
    (8) "Enlisted member" means a person in an enlisted grade;
    (9) "Grade" means a step or degree, in a graduated scale of office or military rank, that is established and designed as a grade by law or regulation;
    (10) Law officer" means an official of a general court-martial detailed in accordance with § 30-13-28
    (11) "Law specialist" means a commissioned officer of the organized naval militia of the state designated for special duty (law);
    (12) "Legal officer" means any commissioned officer of the organized naval militia of the state designated to perform legal duties for a command;
    (13) "May" is used in a permissive sense. See Rhode Island General Laws 30-13-1
  • 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.
  • 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
  • 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.
  • Commanding officer: includes only commissioned officers;
    (5) "Commissioned officer" includes a commissioned warrant officer;
    (6) "Convening authority" includes, in addition to the person who convened the court, a commissioned officer commanding for the time being, or a successor in command;
    (7) "Duty status other than active state duty" means any type of required duty other than that set forth in subdivision (2) of this section and includes travel to and from that duty;
    (8) "Enlisted member" means a person in an enlisted grade;
    (9) "Grade" means a step or degree, in a graduated scale of office or military rank, that is established and designed as a grade by law or regulation;
    (10) Law officer" means an official of a general court-martial detailed in accordance with § 30-13-28
    (11) "Law specialist" means a commissioned officer of the organized naval militia of the state designated for special duty (law);
    (12) "Legal officer" means any commissioned officer of the organized naval militia of the state designated to perform legal duties for a command;
    (13) "May" is used in a permissive sense. See Rhode Island General Laws 30-13-1
  • 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.
  • Fraud: Intentional deception resulting in injury to another.
  • in writing: include printing, engraving, lithographing, and photo-lithographing, and all other representations of words in letters of the usual form. See Rhode Island General Laws 43-3-16
  • 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.
  • Military: refers to any or all of the armed forces;
    (15) "Military court" means a court-martial, a court of inquiry, or a provost court;
    (16) "Officer" means commissioned or warrant officer;
    (17) "Rank" means the order of precedence among members of the state military forces;
    (18) "Shall" is used in an imperative sense;
    (19) "State judge advocate" means the commissioned officer on the staff of the adjutant general responsible for supervising military justice in the state military forces;
    (20) "State military forces" means the national guard of the state, as defined in 32 U. See Rhode Island General Laws 30-13-1
  • Military court: means a court-martial, a court of inquiry, or a provost court;
    (16) "Officer" means commissioned or warrant officer;
    (17) "Rank" means the order of precedence among members of the state military forces;
    (18) "Shall" is used in an imperative sense;
    (19) "State judge advocate" means the commissioned officer on the staff of the adjutant general responsible for supervising military justice in the state military forces;
    (20) "State military forces" means the national guard of the state, as defined in 32 U. See Rhode Island General Laws 30-13-1
  • Oath: A promise to tell the truth.
  • oath: includes affirmation; the word "sworn" includes affirmed; and the word "engaged" includes either sworn or affirmed. See Rhode Island General Laws 43-3-11
  • person: may be construed to extend to and include co-partnerships and bodies corporate and politic. See Rhode Island General Laws 43-3-6
  • 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.
  • 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).
  • seal: shall be construed to include an impression of the seal made with or without the use of wax or wafer on the paper. See Rhode Island General Laws 43-3-15
  • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
  • Superior commissioned officer: means a commissioned officer superior in rank or command. See Rhode Island General Laws 30-13-1
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • town: may be construed to include city; the words "town council" include city council; the words "town clerk" include city clerk; the words "ward clerk" include clerk of election district; the words "town treasurer" include city treasurer; and the words "town sergeant" include city sergeant. See Rhode Island General Laws 43-3-9
  • 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: include the several states and the territories of the United States. See Rhode Island General Laws 43-3-8
  • 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.