§949i — Title 10 Armed Forces | U.S. Code

Summary

If someone in a military commission pleads guilty but then says facts that don't match that plea, or it looks like they didn’t understand the plea, or they refuse to plead, the record will show a not-guilty plea and the commission will act as if the person pleaded not guilty. If a military judge accepts a guilty plea, the judge can immediately find the person guilty without the commission members voting. That guilty finding stays in place unless the plea is withdrawn before the sentence is announced; if it is withdrawn, the case continues as if the person had pleaded not guilty. A guilty plea accepted by the judge and not withdrawn before sentencing can be part of a deal that lowers the maximum punishment the approving official can give, including cutting a death sentence to a lesser punishment or agreeing not to seek death. The deal can include other conditions. But a deal cannot let the judge alone impose death. A death sentence can be imposed only if every commission member votes for it.

Title 10, §949i

Armed Forces — Source: USLM XML via OLRC

(a)If an accused in a military commission under this chapter after a plea of guilty sets up matter inconsistent with the plea, or if it appears that the accused has entered the plea of guilty through lack of understanding of its meaning and effect, or if the accused fails or refuses to plead, a plea of not guilty shall be entered in the record, and the military commission shall proceed as though the accused had pleaded not guilty.

(b)With respect to any charge or specification to which a plea of guilty has been made by the accused in a military commission under this chapter and accepted by the military judge, including a charge or specification that has been referred capital, a finding of guilty of the charge or specification may be entered by the military judge immediately without a vote by the members. The finding shall constitute the finding of the military commission unless the plea of guilty is withdrawn prior to announcement of the sentence, in which event the proceedings shall continue as though the accused had pleaded not guilty.

(c)(1)A plea of guilty made by the accused that is accepted by a military judge under subsection (b) and not withdrawn prior to announcement of the sentence may form the basis for an agreement reducing the maximum sentence approved by the convening authority, including the reduction of a sentence of death to a lesser punishment, or that the case will be referred to a military commission under this chapter without seeking the penalty of death. Such an agreement may provide for terms and conditions in addition to a guilty plea by the accused in order to be effective.

(2)A plea agreement under this subsection may not provide for a sentence of death imposed by a military judge alone. A sentence of death may only be imposed by the unanimous vote of all members of a military commission concurring in the sentence of death as provided in section 949m(b)(2)(D) of this title.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A prior section 949i, added Pub. L. 109–366, § 3(a)(1), Oct. 17, 2006, 120 Stat. 2614, related to pleas of the accused, prior to the general amendment of this chapter by Pub. L. 111–84.

Amendments

2014—Subsec. (b). Pub. L. 113–291 substituted a comma for “,,” after “referred capital”. 2011—Subsec. (b). Pub. L. 112–81, § 1030(b)(1), in the first sentence, inserted “, including a charge or specification that has been referred capital,” after “military judge”, “by the military judge” after “may be entered”, and “by the members” after “vote”. Subsec. (c). Pub. L. 112–81, § 1030(b)(2), added subsec. (c).

§949i Pleas of the accused