General Findings in the Military – RCM 918(a)

  • militarydefenselawyers219Guilty;
  • NotGuilty;
  • Guilty by Exceptions (with or without substitutions);
  • Guilty of Lesser Included Offense (LIO).
    1. RCM 918(a)(1) permits a plea of “not guilty to an offense as charged, but guilty of a named lesser included offense.” What constitutes a “named lesser included offense” and whether this rule can be reliably applied is questionable in light of United States v. Jones, 68 M.J. 465 (C.A.A.F. 2010).
    2. When plea to an LIO is entered, defense counsel should provide a written revised specification. Revised specification should be an appellate exhibit.
  • Not Guilty Only by Reason of Lack of Mental Responsibility.