2008 edition - Fort Sam Houston - U.S. Army

GUIDE FOR GENERAL AND SPECIAL COURTS-MARTIAL
DC: The defense has (no) (the following) motion(s). ( .)
[Note 24. After any motions are disposed of pleas are ordinarily entered. See R.C.M. 910.]
DC: pleads .
[Note 25. If the accused enters any pleas of guilty proceed with the remainder of section I. If no pleas
of guilty are entered, proceed to section II if trial is before members, or section III if trial is before military
judge alone.]
[Note 26. If trial is before members in a contested case, the military judge should examine the copy of
the charge(s) to be provided the members, discuss any preliminary instructions with the parties, and determine
whether other matters should be addressed before the Article 39(a) session is ended.]
Guilty plea inquiry [Note 27. See R.C.M. 910(c), (d), (e), and (f). If a conditional guilty plea is entered, see R.C.M.
9l0(a)(2).]
Introduction MJ: , your plea of guilty will not be accepted unless you understand
its meaning and effect. I am going to discuss your plea of
guilty with you now. If you have any questions, please say so. Do you
understand?
ACC: .
MJ: A plea of guilty is the strongest form of proof known to the law. On
your plea alone, without receiving any evidence, this court-martial
could find you guilty of the offense(s) to which you are pleading
guilty. Your plea will not be accepted unless you understand that by
pleading guilty you admit every element of each offense and you are
pleading guilty because you really are guilty. If you do not believe that
you are guilty, you should not plead guilty for any reason. You have
the right to plead not guilty and place the burden upon the prosecution
to prove your guilt. Do you understand that?
ACC: .
Waiver of rights MJ: By your plea of guilty you waive, or in other words, you give up certain
important rights. (You give up these rights only as to the offense(s)
to which you have pleaded guilty. You keep them as to the offense(s)
to which you have pleaded not guilty). The rights you give up are:
First, the right against self-incrimination, that is the right to say nothing
at all about (this) (these) offense(s). Second, the right to a trial of the
facts by the court-martial, that is, the right to have this court-martial
decide whether or not you are guilty based on evidence presented by
the prosecution and, if you chose to do so, by the defense. Third, the
right to be confronted by the witnesses against you, that is to see and
hear the witnesses against you here in the court-martial and to have
them cross-examined, and to call witnesses in your behalf. Do you understand
these rights?
ACC: .
App. 8
MJ: If you plead guilty, there will not be a trial of any kind as to the offense(s)
to which you are pleading guilty, so by pleading guilty you
give up the rights I have just described. Do you understand that?
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