Post-Trial responsibilities of the SCM.

Overview of the post-trial responsibilities of the SCM.:

After the SCM officer has deliberated and announced findings and, where appropriate, the sentence, she then must fulfill certain post-trial duties. The nature and extent of these post-trial responsibilities depend upon whether the accused was found guilty or innocent of the offenses charged.

  1. bestmilitarydefenseucmjdefenselawyer285Accused acquitted on all charges. In cases in which the accused has been found not guilty as to all charges and specifications, the SCM must:
    1. Announce the findings to the accused in open session [R.C.M. 1304(b)(2)(F)(i)];
    2. Inform the CA as soon as practicable of the findings [R.C.M. 1304(b)(2)(F)(v)];
    3. Prepare the record of trial in accordance with R.C.M. 1305, using the record of trial form in Appendix 15, MCM;
    4. Cause one copy of the record of trial to be served upon the accused [R.C.M. 1305(e)(1)], and secure the accused’s receipt; and
    5. Forward the original and one copy of the record of trial to the CA for her action [R.C.M. 1305(e)(2)].
  2. 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 specifications, the SCM must:
    1. Announce the findings and sentence to the accused in open session [R.C.M. 1304(b)(2)(F)(i) and (ii)];
    2. Advise the accused of the following appellate rights under R.C.M. 1306:
      1. The right to submit in writing to the CA any matters which may tend to affect his decision in taking action ( see R.C.M. 1105) and the fact that his failure to do so will constitute a waiver of this right (Additionally, the accused may be informed that he may expressly waive, in writing, his right to submit such written matters [R.C.M. 1105(d)].); and
      2. The right to request review of any final conviction by SCM by the Judge Advocate General in accordance with R.C.M. 1201(b)(3).
      3. If the sentence includes confinement, inform the accused of his right to apply to the CA for deferment of confinement [R.C.M. 1304(b)(2)(F)(iii)];
    3. Inform the CA of the results of trial as soon as practicable. Such information should include the findings, sentence, recommendations for suspension of the sentence, and any deferment request [R.C.M. 1304(b)(2)(F)(v)];
    4. Prepare the record of trial in accordance with R.C.M. 1305, using the form in Appendix 15, MCM;
    5. Cause one copy of the record of trial to be served upon the accused [R.C.M. 1305(e)(1)], and secure the accused’s receipt; and
    6. Forward the original and one copy of the record of trial to the CA for action [R.C.M. 1305(e)(2)].

responsibilities of the SCM

The right to request review of any final conviction by SCM