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4.
Should I refuse trial by summary court-martial, the commanding officer may refer the
charge(s) to trial by special court-martial. At a special court-martial, in addition to those rights
set forth above with respect to a summary court-martial, I would also have the following rights:
a.
The right to be represented at trial by a military lawyer, free of charge, including
a military lawyer of my own selection if he or she is reasonably available. I would also have the
right to be represented by a civilian lawyer at my own expense.
b.
The right to be tried by a special court-martial composed of at least three officers as
members or, at my request, at least one-third of the court members would be enlisted personnel.
If tried by a court-martial with members, two-thirds of the members, voting by secret written bal-
lot, would have to agree in any finding of guilty, and two-thirds of the members would also have
to agree on any sentence to be imposed should I be found guilty.
c.
The right to request trial by military judge alone. If tried by a military judge alone,
the military judge alone would determine my guilt or innocence and, if found guilty, he or she
alone would determine the sentence.
5.
I understand that the maximum punishment which can be imposed at a special court-
martial for the offense(s) presently charged against me is:
discharge from the naval service with a bad-conduct discharge (delete if inappropriate);
confinement for
months;
forfeiture of two-thirds pay per month for
months;
reduction to the lowest enlisted paygrade (E-1).
Knowing and understanding my rights as set forth above, I (do) (do not) desire to consult with
counsel before deciding whether to accept trial by summary court-martial.
Knowing and understanding my rights as set forth above (and having first consulted with coun-
sel), I hereby (consent) (object) to trial by summary court-martial.
Signature of accused and date
Signature of witness and date
Figure 7-1.-Summary court-martial acknowledgement of rights and waiver—Continued.
7-7
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