1. LawStack
  2. Title 10 - ARMED FORCES
  3. Subtitle A - General Military Law
  4. Part II - PERSONNEL
  5. Chapter 47 - Art.I. General Provisions 801 1 II. Apprehension and Restraint 807 7 III. Non-Judicial Punishment 815 15 IV. Court-Martial Jurisdiction 816 16 V. Composition of Courts-Martial 822 22 VI. Pre-Trial Procedure 830 30 VII. Trial Procedure 836 36 VIII. Sentences 855 55 IX. Post-Trial Procedure and Review of Courts-Martial 859 59 X. Punitive Articles 877 77 XI. Miscellaneous Provisions 935 135 XII. United States Court of Appeals for the Armed Forces 941 141
  6. Subchapter VII - Art. 836. 36. President may prescribe rules. 837. Art.1 37. Command influence. 838. 38. Duties of trial counsel and defense counsel. 839. 39. Sessions. 840. 40. Continuances. 841. 41. Challenges. 842. 42. Oaths. 843. 43. Statute of limitations. 844. 44. Former jeopardy. 845. 45. Pleas of the accused. 846. 46. Opportunity to obtain witnesses and other evidence in trials by court-martial. 847. 47. Refusal of person not subject to chapter to appear, testify, or produce evidence. 848. 48. Contempt. 849. 49. Depositions. 850. 50. Admissibility of sworn testimony from records of courts of inquiry. 850a. 50a. Defense of lack of mental responsibility. 851. 51. Voting and rulings. 852. 52. Votes required for conviction, sentencing, and other matters. 853. 53. Findings and sentencing. 853a. 53a. Plea agreements. 854. 54. Record of trial. 1 So in original. "Art." probably should not appear
  7. 10 USC § 845
10 USC § 845
Art. 45. Pleas of the accused
October 30, 2020
USC

(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.

 Open Table
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

2016—Subsec. (a). Pub. L. 114–328, §5227(c)(1), inserted heading.

Subsec. (b). Pub. L. 114–328, §5227(c)(2), inserted heading.

Pub. L. 114–328, §5227(a), substituted "is mandatory" for "may be adjudged" and struck out "or by a court-martial without a military judge" after "by the military judge" and ", if permitted by regulations of the Secretary concerned," after "charge or specification may".

Subsec. (c). Pub. L. 114–328, §5227(b), added subsec. (c).

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 2016 Amendment

Amendment by Pub. L. 114–328 effective on Jan. 1, 2019, as designated by the President, with implementing regulations and provisions relating to applicability to various situations, see section 5542 of Pub. L. 114–328 and Ex. Ord. No. 13825, set out as notes under section 801 of this title.

Effective Date of 1968 Amendment

Amendment by Pub. L. 90–632 effective first day of tenth month following October 1968, see section 4 of Pub. L. 90–632, set out as a note under section 801 of this title.
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§ 844 Art. 44. Former jeopardy
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§ 846 Art. 46. Opportunity to obtain witnesses and other evidence in trials by court-martial

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