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Summary Court-Martial Acknowledgement of Rights and Waiver -Continued - 14135_205
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Findings and Sentence
and intelligent waiver of the accused’s right to consult with counsel and/or his or her right to refuse trial by an SCM. Assuming Booker warnings have been given (proper advice and recordation of election/waivers), evidence of the SCM will be admissible at a later trial by court-martial as evidence accused’s prior service. Final Pretrial Preparation of the character of the After the pretrial interview, the SCM officer de- termines whether the accused has decided to accept or refuse trial by SCM. If the accused needs more time to  decide,  it  should  be  provided.  If  the  case  is  to proceed,  the  witnesses  or  the  description  of  other evidence that the accused wishes presented at trial should be identified. The SCM officer arranges for a time and place to hold the open session of the trial. These  arrangements  are  made  through  the  legal  offi- cer,  and  the  SCM  officer  notifies  all  personnel  in- volved of the time and place of the first meeting. The  SCM  officer  plans  an  orderly  trial  procedure to include a chronological presentation of the facts. Appendix 9, MCM, is an SCM trial guide. The SCM officer should follow it closely and precisely during the  hearing.  The  admissibility  and  authenticity  of  all known  evidentiary  matters  are  determined  and  num- bers are assigned to all exhibits to be offered at trial. The evidence reviewed by the SCM officer includes not only that contained in the original file, but also any  other  relevant  evidence  discovered  by  other means. The SCM officer has the duty of making sure all  relevant  and  competent  evidence  in  the  case,  both for and against the accused, is presented. It is the responsibility of the SCM officer to make sure only legal  and  competent  evidence  is  received  and  consid- ered at the trial. Only legal and competent evidence received in the presence of the accused at trial can be considered in determining the guilt or innocence of the  accused.  The  Military  Rules  of  Evidence  apply  to an SCM and must be followed. If a question regarding admissibility  of  evidence  arises,  the  SCM  officer  may seek  assistance  from  the  local  naval  legal  service office (NLSO) in resolving the issue. The  SCM  is  authorized  to  issue  subpoenas  to compel the appearance at trial of civilian witnesses. In such a case, the SCM officer follows the same proce- dure detailed for an SPCM or a GCM trial counsel (TC). 7-8 TRIAL  PROCEEDINGS The actual trial procedure, while somewhat dif- ferent from that of the GCM or the SPCM, is governed by the same general principles and has the same basic procedures  as  those  for  courts-martial.  The  major steps of the SCM include the arraignment, motions, pleas,  presentation  of  the  evidence,  and  findings  and sentence. Each of these steps will be reviewed indi- vidually. Arraignment The  SCM  reads  and  shows  the  charges  and specifications  to  the  accused  and,  if  necessary,  ex- plains them to him or her. The accused may waive the  reading  of  the  charges.  The  SCM  officer  then asks the accused to plead to each charge and speci- fication. Motions Before  receiving  pleas,  the  SCM  officer  allows the accused to make motions to dismiss or for any other relief. The SCM officer takes action on behalf of the accused, if requested by the accused, or if it ap- pears necessary in the interest of justice. Pleas When a not guilty plea is entered, the SCM officer proceeds to trial. If the accused pleads guilty to any offense, the SCM officer determines the providence of the plea(s). If the SCM officer is in doubt that the accused’s  plea(s)  of  guilty  are  voluntarily  and  under- standingly made, or if at any time during the trial any matter inconsistent with the plea(s) of guilty arises, the SCM officer enters not guilty plea(s) on behalf of the accused. If the accused refuses to plead, the SCM officer  enters  not  guilty  plea(s).  The  accused  may change any plea at any time before findings are an- nounced. Presentation of Evidence Witnesses  for  the  prosecution  are  called  first  and examined under oath. The accused is permitted to cross-examine these witnesses. The SCM officer can aid the accused in the cross-examination process. The witnesses for the accused are then called and exam- ined  under  oath.

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