Five Recognized Pleas

Overview of the five recognized pleas:

five recognized pleasRCM 910(a)(1).

  1. “Your honor, the accused, SGT Archie, pleads, to all Charges andSpecifications, Not Guilty.” : Not recognized in RCM 910(a)(1); treated as irregular plea under RCM 910(b), which equates to a plea of not guilty. “The accused , SGT Archie, pleads as follows: To the Specification: Not Guilty only by reason of lack of mental responsibility.”
  2. “Your honor, the accused, SGT Archie, pleads as follows: To theSpecification and to The Charge: Guilty.”
  3. (example of AWOL terminated by apprehension) “Your honor, the accused, SGT Archie, pleads as follows: To the Specification: Guilty, except the words, ‘he was apprehended.’ To the excepted words: Not Guilty. To the Charge: Guilty.”
  4. (pleading to wrongful appropriate rather than larceny, using Exceptions and Substitutions) “Your honor, the accused, SGT Archie, pleads as follows: To the Specification: Guilty, except the word ‘steal,’ substituting therefor the words ‘wrongfully appropriate.’ To the excepted word: Not Guilty; to the substituted words: Guilty. To the Charge: Guilty.”
  5. (pleading to wrongful appropriation as a lesser included offense of larceny) “Your honor the accused, SGT Snuffy, pleads as follows: To the Specification: Not Guilty, but Guilty to the lesser included offense of wrongful appropriation.”
    1. Remember, that in order to plead to an LIO, the specification to which the accused is pleading guilty must actually be an LIO- just because the Manual says it is an LIO does not make it so- you must conduct an elements test.

pleading to wrongful appropriate

To the Specification