Page 288 - Trump Executive Orders 2017-2021

Federal Register / Vol. 83, No. 46 / Thursday, March 8, 2018 / Presidential Documents 9991

( 1) In general. An accused may plead as follows:
(A) guilty;
(B) not guilty of an offense as charged, but guilty of a named lesser included offense;
(C) guilty with exceptions, with or without substitutions, not guilty of the exceptions, but
guilty of the substitutions, if any; or
(D) not guilty.
A plea of guilty may not be received as to an offense for which a sentence of death is mandatory.
(2) Conditional pleas. With the approval of the military judge and the consent of the
Government, an accused may enter a conditional plea of guilty, reserving the right, on further
review or appeal, to review of the adverse determination of any specified pretrial motion. If the
accused prevails on further review or appeal, the accused shall be allowed to withdraw the plea
of guilty. The Secretary concerned may prescribe who may consent for Government; unless
otherwise prescribed by the Secretary concerned, trial counsel may consent on behalf of the
Government.
(b) Reju.">nl to plead; irregular plea. If an accused fails or refuses to plead, or makes an irregular
plea, the militai)' judge shall enter a plea of not guilty for the accused.
(c) Advice to accused Before accepting a plea of guilty, the military judge shall address the
accused personally and inform the accused of, and determine that the accused understands, the
following:
(1) The nature of the offense to which the plea is offered, the mandatory minimum penalty, if
any, provided by law, the maximum possible penalty provided by law, and if applicable, the
etTect of any sentence limitation(s) provided for in a plea agreement on the minimum or
maximum possible penalty that may be adjudged including the etiect of any concurrent or
consecutive sentence limitations;
(2) In a general or special court-martial, if the accused is not represented by counsel, that the
accused has the right to be represented by counsel at every stage of the proceedings;
(3) That the accused has the right to plead not guilty or to persist in that plea if already made,
and that the accused has the right to be tried by a court-martial, and that at such trial the accused
has the right to confront and cross-examine witnesses against the accused, and the right against
self-incrimination;
(4) That if the accused pleads guilty, there will not be a trial of any kind as to those offenses
to which the accused has so pleaded, so that by pleading guilty the accused waives the rights
described in paragraph ( c )(3) of this rule;
(5) That if the accused pleads guilty, the military judge will question the accused about the
offenses to which the accused has pleaded guilty, and, if the accused answers these questions
under oath, on the record, and in the presence of counsel, the accused's answers may later be
used against the accused in a prosecution for perjury or false statement; and
(6) That if an election by the accused to be tried by military judge alone has been approved,
the accused will be sentenced by the military judge.
(d) 1!.-.nsuring that the plea is voluntary. The military judge shall not accept a plea of guilty
without first, by addressing the accused personally, determining that the plea is voluntary and not
the result of force or threats or of promises apart from a plea agreement under R.C.M. 705. The
military judge shall also inquire whether the accused's willingness to plead guilty results from
prior discussions betvveen the convening authority, a representative of the convening authority,
or trial counsel, and the accused or defense counsel.
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(e) Determining accuracy ~[plea. The military judge shall not accept a plea of guilty without