What is a plea bargain in a court-martial?

A plea bargain in a court-martial is a negotiated agreement between the prosecution and the defense, in which the accused admits guilt to one or more of the charges in exchange for the dismissal of certain charges and/or a more lenient sentence. This agreement is made prior to the court-martial proceedings and must be approved by the court-martial judge. The plea bargain process typically begins with the accused pleading “guilty” to one or more of the charged offenses. Next, the prosecution and defense will negotiate terms regarding any additional charges that could be dropped, or any modifications that could be made to the sentence. Any agreement must then be approved by the court-martial judge. The court-martial judge is authorized to accept or reject any plea bargain agreement that is presented to them. If the plea agreement is accepted by the judge, the accused will enter their plea and the parties will move forward with the sentencing process. If the judge rejects the plea agreement, the court-martial proceedings will continue on to the trial. Plea bargains can be beneficial to the accused, as they can protect the accused from harsher penalties and a potentially longer trial. The court-martial judge is granted wide discretion when determining a sentence, and the sentence is not bound to the agreement in a plea bargain. Ultimately, the court-martial judge decides if a plea bargain agreement is in the best interest of justice.

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What is a plea bargain in a court-martial?

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