| |
SUMMARY COURT-MARTIAL
ACKNOWLEDGEMENT OF RIGHTS AND WAIVER
I,
,
assigned to
,
acknowledge the following facts and rights regarding summary courts-martial:
1.
I have the right to consult with a lawyer prior to deciding whether to accept or refuse
trial by summary court-martial. Should I desire to consult with counsel, I understand that a mili-
tary lawyer may be made available to advise me, free of charge, or, in the alternative, I may con-
sult with a civilian lawyer at my own expense.
2.
I realize that I may refuse trial by summary court-martial, in which event the com-
manding officer may refer the charge(s) to a special court-martial. My rights at a summary
court-martial would include:
a.
the right to confront and cross-examine all witnesses against me;
b.
the right to plead not guilty and the right to remain silent,
government the burden of proving my guilt beyond a reasonable doubt;
thus placing upon the
c.
the right to have the summary court-martial call, or subpoena, witnesses to testify
in my behalf;
d.
the right, if found guilty, to present matters which may mitigate the offense or
demonstrate extenuating circumstances as to why I committed the offense(s); and
e.
the right to be represented at trial by a civilian lawyer provided by me at my own
expense, if such appearance will not unreasonably delay the proceedings and if military exigen-
cies do not preclude it.
3.
I understand that the maximum punishment which may be imposed at a summary
court-martial is:
On E-4 and below
On E-5 and above
Confinement for 1 month
60 days’ restriction
45 days’ hard labor without confinement
Forfeiture of two-thirds pay for 1 month
60 days’ restriction
Reduction to next inferior paygrade
Forfeiture of two-thirds pay for 1 month
Reduction to the lowest paygrade
Figure 7-1.—Summary court-martial acknowledgement of rights and waiver.
7-6
|
