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Final Pretrial Preparation - 14134_206
Legalman 3 & 2 - Navy Lawyer / Jag training guide manuals
Record of Trial by Summary Court-Martial, DD Form 2329 (front) - 14134_208
The SCM officer obtains evidence that tends to disprove the accused’s guilt or establishes extenuat- ing  circumstances. Findings and Sentence The  SCM  officer  announces  the  findings  and  sen- tence to the accused in open session. If the sentence includes  confinement,  the  SCM  officer  advises  the accused  of  the  right  to  apply  to  the  CA  for  deferment of the service to confinement, If the accused is found guilty, he or she is informed of the right to submit matters to the CA within 7 days. POSTTRIAL RESPONSIBILITIES OF THE SUMMARY  COURT-MARTIAL  OFFICER After  the  SCM  officer  deliberates  and  announces findings and, where appropriate, the sentence, he or she  then  must  fulfill  certain  posttrial  duties.  The  na- ture  and  extent  of  these  posttrial  responsibilities  de- pend upon whether the accused was found guilty or innocent  of  the  offenses  charged. Accused  acquitted  on  all  charges—In  cases  in which the accused has been found not guilty as to all charges and specifications, the SCM officer must do the following: l l l l l Announce the findings to the accused in open session. Inform the CA as soon as possible of the find- ings. Prepare the original and at least two copies of the record of trial. A completed SCM record of trial is shown in figure 7-2. Serve one copy of the record of trial upon the accused  and  secure  the  accused’s  receipt  for  it. Send the original and one copy of the record of trial to the CA for action. Accused   convicted   on   some   or   all   of   the charges—In  cases  in  which  the  accused  has  been found guilty of one or more of the charges and speci- fications, the SCM officer must do the following: . Announce the findings and sentence to the ac- cused in open session. l Advise the accused of the appellate rights under R.C.M.  1306. @ If the sentence includes confinement, inform the accused  of  his  or  her  right  to  apply  to  the  CA  for deferment  of  confinement. . Inform the CA of the results of trial as soon as possible. This includes the findings, sentence, and rec- ommendations for suspension of the sentence and any deferment  request. . Prepare the record of trial. . Cause one copy of the record of trial to be served upon the accused and secure the accused’s receipt. . Send the original and one copy of the record of trial to the CA for action. The  SCM  officer  authenticates  the  record  of  trial by signing each copy. The CA’s action and the review procedures for SCM are discussed in the next chapter. THE SPECIAL COURTS-MARTIAL The SPCM is the intermediate level court-martial created by the UCMJ. The maximum penalties that an accused may receive at an SPCM are generally greater than those of an SCM, but less than those of a GCM. The rights of an accused at an SPCM are also gener- ally greater than the rights at an SCM but less than the rights at a GCM. The SPCM is a court consisting of at least three members, trial and defense counsels, and a military  judge.  The  maximum  imposable  punishment at  an  SPCM  extends  to  a  bad-conduct  discharge (BCD),  6  months’  confinement,  forfeiture  of  two- thirds pay per month for 6 months, and reduction to paygrade E-1. This chapter will discuss in detail the SPCM  and  the  mechanics  of  its  operation. CREATION OF THE SPECIAL COURT-MARTIAL Article 23, UCMJ, and the JAGMAN prescribe who has the power to convene (create) an SPCM. The power to convene an SPCM is nondelegable and, in no event, can a subordinate exercise such authority. Avoid signature titles such as Acting Commanding Officer  and  Executive  Officer  on  legal  documents regardless of the validity of such titles on other ad- ministrative   correspondence. The commander of a unit embarked on a naval vessel  who  is  authorized  to  convene  an  SPCM  should refrain from exercising such authority and defer in- stead  to  the  desires  of  the  ship’s  commander. 7-9

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