Summary Court-Martial (SCM)

Judicial forum used to promptly adjudicate minor offenses under a simple procedure.

Who can be tried by SCM?

Enlisted only

Who serves as the SCM officer?

A single officer, O-3 and above, in the same armed force as the accused.

The SCM officer serves as?

The Trial Counsel, Defense Counsel, and the Military Judge.

What is the standard of proof at SCM?

Beyond a reasonable doubt.

Who can convene a SCM?

Any GCMCA or SPCMCA.

Service members have the right to refuse SCM?

True.

The accused has a right to be represented by counsel at SCM?

False. They can elect to have civilian representation at their own expense.

If the accused elects to be represented by counsel, the SCM will be considered?

A Criminal Conviction

If the accused waives representation by counsel, the SCM will be considered?

Not a criminal conviction.

Maximum Punishment at SCM for E-5 and above:

(1) hard labor without confinement for 45 days OR restriction for 2 months; AND(2) forfeiture of two-thirds pay for one month; AND(3) reduction in rate to the next inferior pay grade.

Maximum punishment at SCM for E-5 and below:

(1) confinement for 3o days OR hard labor without confinement for 45 days OR restriction for 2 months; AND (2) forfeiture of two-thirds pay for one month; AND (3) reduction in rate to E-1.

Can punitive discharges be adjudged at SCM?

No.

Where can you find the Summary Court-Martial Acknowledgment of Rights and Waiver?

JAGMAN Appendix A-1-j

The Summary Court-Martial Acknowledgement of Rights and Waiver covers what?

(a) right to consult with counsel prior to accepting SCM; (b) rights at a SCM; (c) the maximum punishment which can be imposed at SCM; (d) options the command has if the accused refuses SCM; (e) the maximum punishment which can be imposed at court-martial if SCM is refused