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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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