What is a plea bargain in a court-martial?

A plea bargain is an agreement between a defendant and a prosecutor to settle a court-martial case without the necessity of a long trial. The defendant agrees to plead guilty or to plead nolo contendere (no contest) to certain charges or lesser charges, in exchange for a more lenient sentence or dismissal of other, more serious charges. The plea bargain must then be approved by the military judge, who has the authority to accept or reject the agreement. It is important to keep in mind that a plea bargain is not always in the best interest of the defendant or the military. Before entering into a plea bargain, the defendant should consider all of their options and the consequences of each. A plea bargain may provide the defendant with the certainty of a known punishment, but it may also result in a harsher sentence than if the defendant were to go to trial. In New Hampshire, plea bargains for court-martials are just as common as in other states. All plea bargains must be approved by the military judge presiding over the case. Depending on the severity of the charges, the judge may accept or reject the plea bargain. If accepted, the judge will determine the sentence or other punishments that will be imposed. If rejected, the case will proceed to trial.

Related FAQs

What is the rule against hearsay?
What is the maximum punishment for an Article 15 offense?
What are the basic rules of military law?
What is the maximum punishment for an Article 134 offense?
How does the chain of command factor into a court-martial?
What are the different types of court-martials?
What is the Uniform Code of Military Justice (UCMJ) Article 120?
What is the Uniform Code of Military Justice (UCMJ)?
What is a court-martial specification?
What is a pretrial agreement in a court-martial?

What is a plea bargain in a court-martial?

Related FAQs

Related Blog Posts