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10 U.S.C. § 845Art. 45. Pleas of the accused

submitted 70 years ago by ch. 1041 to r/title-10-ARMED-FORCES · 219 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section explains what happens when an accused person makes an irregular plea, cannot properly plead, or pleads guilty. It also treats some deviations from these rules as harmless error.

(a) Irregular and similar pleas. If, after arraignment, the accused makes an irregular plea, gives facts inconsistent with a guilty plea, appears to have pleaded guilty without understanding its meaning or effect, or fails or refuses to plead, the record must show a not-guilty plea. The court must proceed as if the accused pleaded not guilty. (b) Guilty pleas. The accused may not plead guilty to a charge or specification alleging an offense carrying a mandatory death penalty. For any other charge or specification, if the accused makes and the military judge accepts a guilty plea, the court may immediately enter a guilty finding without a vote. That finding is the court’s finding unless the accused withdraws the plea before the sentence is announced. If the plea is withdrawn, the case proceeds as if the accused pleaded not guilty. (c) Harmless error. A departure from this article is harmless if it does not materially harm the accused’s substantial rights.
the actual law source: uscode.house.gov ↗public domain
(a)Irregular and Similar Pleas.—

If an accused after arraignment makes an irregular pleading, or after a plea of guilty sets up matter inconsistent with the plea, or if it appears that he has entered the plea of guilty improvidently or through lack of understanding of its meaning and effect, or if he fails or refuses to plead, a plea of not guilty shall be entered in the record, and the court shall proceed as though he had pleaded not guilty.

(b)Pleas of Guilty.—

A plea of guilty by the accused may not be received to any charge or specification alleging an offense for which the death penalty is mandatory. With respect to any other charge or specification to which a plea of guilty has been made by the accused and accepted by the military judge, a finding of guilty of the charge or specification may be entered immediately without vote. This finding shall constitute the finding of the court unless the plea of guilty is withdrawn prior to announcement of the sentence, in which event the proceedings shall continue as though the accused had pleaded not guilty.

(c)Harmless Error.—

A variance from the requirements of this article is harmless error if the variance does not materially prejudice the substantial rights of the accused.

Source credit: (Aug. 10, 1956, ch. 1041, 70A Stat. 52; Pub. L. 90–632, § 2(19), Oct. 24, 1968, 82 Stat. 1339; Pub. L. 114–328, div. E, title LVII, § 5227, Dec. 23, 2016, 130 Stat. 2911.)

history & why it existsrecord from the source credit
  • 1956Enacted · Act of Aug. 10, 1956, ch. 1041
  • 1968Amended · Pub. L. 90-632 · 82 Stat. 1339
  • 2016Amended · Pub. L. 114-328 · 130 Stat. 2911

A history note hasn’t been published yet. The record shows enactment by ch. 1041 on 1956-08-10.

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