Mississippi § 33-13-1 - Definitions.

§ 33-13-1. Definitions.

In this chapter unless the context otherwise requires: “State military forces” means the National Guard of this state, as defined in Section 101(3), (4) and (6) of Title 32, United States Code, and any other militia or military forces organized under the Constitution and laws of this state. “Commanding officer” includes commissioned officers and warrant officers, as applicable. “Officer” means commissioned or warrant officer. “Superior commissioned officer” means a commissioned officer superior in rank or command. “Officer candidate” means a cadet of the state officer candidate school. “Enlisted member” means a person in an enlisted grade. “Military” refers to any or all of the state military forces. “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 other person who has an interest other than an official interest in the prosecution of the accused. “Military judge” means an official of a court-martial detailed in accordance with Section 33-13-183. “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. “Legal officer” means any commissioned officer of the state military forces designated to perform legal duties for a command. “State judge advocate” means the judge advocate of the state military forces, commissioned therein, and responsible for supervising the administration of military justice in the state military forces, and performing such other legal duties as may be required by the Adjutant General. “Grade” means a step or degree, in a graduated scale of office or military rank that is established and designated as a grade by law or regulation. “Rank” means the order of precedence among members of the state military forces. “Military duty (or duty status)” means all duty authorized under the Constitution and laws of the State of Mississippi and all training authorized under Title 32, United States Code. “Judge advocate” means any commissioned officer who is certified by the state judge advocate. “Military court” means a court-martial, a court of inquiry, a military commission, or a provost court. “May” is used in a permissive sense. “Shall” is used in an imperative sense. “He”, where used, means, and shall be interpreted to include, both the masculine and feminine gender. “Code” means this chapter which may be cited as the Mississippi Code of Military Justice.