10-U.S.C.-845
§845 – Art. 45. Pleas of The Accused
Pathway
Title 10 > Subtitle A > Part II > Chapter 47 > Subchapter VII > Section 845
Details
- Reference: Section 845
- Legend: §845 – Art. 45. Pleas of The Accused
- USCode Year: 2013
Provision Content
(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 This finding shall constitute the finding of the court unless the plea of guilty is withdrawn prior to announcement of the sentence, in which event the proceedings shall continue as though the accused had pleaded not guilty.
(Aug. 10, 1956, ch. 1041, 70A Stat. 52; Pub. L. 90–632, §2(19), Oct. 24, 1968, 82 Stat. 1339.)
| 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. 90–632 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.
U.S. Encyclopedia of Law Coverage
10-U.S.C.-838 in the Legal Encyclopedia: General Military Law
In this entry about 10-U.S.C.-838, find legal reference material, bibliographies and premiere content related to general military law in the American Encyclopedia of Law, presenting a comprehensive view of the United States general military law-specific issues, written by authorities in the field.
10-U.S.C.-841 in the Legal Encyclopedia: Uniform Code of Military Justice
In this entry about 10-U.S.C.-841, find legal reference material, bibliographies and premiere content related to uniform code of military justice in the American Encyclopedia of Law, presenting a comprehensive view of the United States uniform code of military justice-specific issues, written by authorities in the field.
10-U.S.C.-844 in the Legal Encyclopedia: Justice
In this entry about 10-U.S.C.-844, find legal reference material, bibliographies and premiere content related to justice in the American Encyclopedia of Law, presenting a comprehensive view of the United States justice-specific issues, written by authorities in the field.
10-U.S.C.-830 in the Legal Encyclopedia: Enlistments
In this entry about 10-U.S.C.-830, find legal reference material, bibliographies and premiere content related to enlistments in the American Encyclopedia of Law, presenting a comprehensive view of the United States enlistments-specific issues, written by authorities in the field.
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