Block VII Pre-Trial Part 1

Question 1

Military Judge

Answer 1

• Rules on all matters of law
• Sets assembly time and date for trial proceedings
• Recesses and adjourns the court

Question 2

Trial Counsel

Answer 2

prosecutes cases in the name of the United States

Question 3

Defense Counsel

Answer 3

Protects the rights of the accused

Question 4

Court Reporter

Answer 4

Assembles Record of Trial

Question 5

Members

Answer 5

Determines guilt or innocence
- the “jury”

Question 6

Accused

Answer 6

Not required to say anything before the court

Question 7

Bailiff

Answer 7

assists the military judge in keeping the court-martial running smoothly

Question 7

President of the court

Answer 7

Announces sentence
- “Spokesperson”

Question 8

State basic facts about summary courts-martial

Answer 8

• AFI 51-202, Administration of Military Justice
• DD Form 2329, Record of Trial by SCM
• Used to adjudicate minor offenses
• Members: SCMO, TC, DC

1. Preliminary proceedings/accused rights
2. Accused may object trial by SCM
3. Arraignment, evidence, findings and sentence

*1 “member”: the SCMO acts as the sole “member”

Question 9

Summary Court-Martial Officer (SCMO)

Answer 9

fills the role of military judge, members, and court reporter during SCM

• Active duty commissioned officer (not necessarily an attorney)
• conducts court-martial
• reviews evidence
• determines guilt
• determines sentence

Question 10

Identify maximum punishments authorized in a trial by Summary Court-Martial

Answer 10

• Confinement for 30 days (SrA and below)
• Forfeiture of 2/3 pay for 1 month
• Reduction to E-1 (SrA and below)
• Reduction one grade (SSgt and above)
• Hard labor w/out confinement for 45 days (SrA and below)
• Restriction 2 months (60 days)
• Reprimand
• Fine

Question 11

State facts about special courts-martial

Answer 11

• for offenses fairly severe in nature

Participants:
- Military Judge
- Members (4 minimum)
- Court Reporter
- DC
- TC
- Accused

Question 12

Identify maximum punishments authorized in a trial by Special Court-Martial

Answer 12

• Bad Conduct Discharge (BCD)
• Confinement for 12 months
• Hard labor w/out confinement for 3 months
• Forfeiture of 2/3 pay for 12 months
• Reduction to E-1
• Restriction 2 months (60 days)
• Reprimand
• Fine

Question 13

State basic facts about Special Court-Martial by Military Judge Alone

Answer 13

• referred by CA for offenses fairly severe in nature on/after 1 Jan 19
• Accused may reject if:
  – Specification requires sex offender notification
  – Max. punihsment for specification is greater than 2 years confinement
• 0 members; acts as military judge alone