When may the ACC reject a SPCM by MJA?

When may the ACC reject a SPCM by MJA?

• A. When the accused pleads guilty
• B. When the specification requires a sex offender notification OR the maximum punishment exceeds 2 years confinement
• C. If the offense is petty theft
• D. Never

Answer: (B)

The situation tests when the convening authority may reject a Special Court-Martial brought by a Military Judge Advocate. A Special Court-Martial has limited authority and punishments. If the specification creates a duty for sex-offender notification, or if the maximum possible punishment would exceed what a Special Court-Martial can impose (more than 2 years confinement), the convening authority may reject the SPCM so the case can proceed in a forum with appropriate authority and obligations. Pleading guilty doesn’t by itself trigger rejection, petty theft typically falls within the scope of a SPCM, and there is a valid basis for rejection under the two listed conditions.

The situation tests when the convening authority may reject a Special Court-Martial brought by a Military Judge Advocate. A Special Court-Martial has limited authority and punishments. If the specification creates a duty for sex-offender notification, or if the maximum possible punishment would exceed what a Special Court-Martial can impose (more than 2 years confinement), the convening authority may reject the SPCM so the case can proceed in a forum with appropriate authority and obligations. Pleading guilty doesn’t by itself trigger rejection, petty theft typically falls within the scope of a SPCM, and there is a valid basis for rejection under the two listed conditions.