10 USC § 845 - Art. 45. Pleas of the accused | Title 10 - Armed Forces | U.S. Code

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Current through Pub. L. 113-9. (See Public Laws for the current Congress.)

(a) 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) A plea of guilty by the accused may not be received to any charge or specification alleging an offense for which the death penalty may be adjudged. 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 or by a court-martial without a military judge, a finding of guilty of the charge or specification may, if permitted by regulations of the Secretary concerned, 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 This finding shall constitute the finding of the court unless the plea of guilty is withdrawn prior to announcement of the sentence, in which event the proceedings shall continue as though the accused had pleaded not guilty.

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(a) 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) A plea of guilty by the accused may not be received to any charge or specification alleging an offense for which the death penalty may be adjudged. 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 or by a court-martial without a military judge, a finding of guilty of the charge or specification may, if permitted by regulations of the Secretary concerned, 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 This finding shall constitute the finding of the court unless the plea of guilty is withdrawn prior to announcement of the sentence, in which event the proceedings shall continue as though the accused had pleaded not guilty.

Source

(Aug. 10, 1956, ch. 1041, 70A Stat. 52; Pub. L. 90–632, § 2(19),Oct. 24, 1968, 82 Stat. 1339.)

Historical and Revision Notes
Revised section	Source (U.S. Code)	Source (Statutes at Large)
845(a)
845(b)	50:620(a).
50:620(b).	May 5, 1950, ch. 169, § 1 (Art. 45), 64 Stat. 122.

In subsection (b), the word “may” is substituted for the word “shall”.

Amendments

1968—Subsec. (a). Pub. L. 90–632, § 2(19)(A), substituted “after arraignment” for “arraigned before a court-martial”.

Subsec. (b). Pub. L. 90–632, § 2(19)(B), inserted provisions covering the making and accepting of a guilty plea to charges or specifications other than charges and specifications alleging an offense for which the death penalty may be adjudged.

Effective Date of 1968 Amendment

Amendment by Pub. L. 90–632effective first day of tenth month following October 1968, see section 4 ofPub. L. 90–632, set out as a note under section 801 of this title.

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The most recent Classification Table update that we have noticed was Wednesday, May 29, 2013

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10 USC	Description of Change	Session Year	Public Law	Statutes at Large

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32 CFR - Title 32—National Defense

32 CFR Part 143 - DOD POLICY ON ORGANIZATIONS THAT SEEK TO REPRESENT OR ORGANIZE MEMBERS OF THE ARMED FORCES IN NEGOTIATION OR COLLECTIVE BARGAINING

10 USC § 845 - Art. 45. Pleas of the accused

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