Section IV · Relevancy and Its Limits
Rule 410. Pleas, plea discussions, and related statements
2024 Manual for Courts-Martial, United States
Recent revisions Summary of changes Cited by (2)(a) Prohibited Uses. Evidence of the following is not admissible against the accused who made the plea or participated in the plea discussions:
(1) a guilty plea that was later withdrawn;
(2) a nolo contendere plea;
(3) any statement made in the course of any judicial inquiry regarding either of the foregoing pleas; or
(4) any statement made during plea discussions with the convening authority, staff judge advocate, trial counsel or other counsel for the government if the discussions did not result in a guilty plea or they resulted in a later-withdrawn guilty plea.
(b) Exceptions. The military judge may admit a statement described in subdivision (a)(3) or (a)(4):
(1) when another statement made during the same plea or plea discussions has been introduced, if in fairness the statements ought to be considered together; or
(2) in a proceeding for perjury or false statement, if the accused made the statement under oath, on the record, and with counsel present.
(c) Request for Administrative Disposition. A "statement made during plea discussions" includes a statement made by the accused solely for the purpose of requesting disposition under an authorized procedure for administrative action in lieu of trial by court-martial; "on the record" includes the written statement submitted by the accused in furtherance of such request.
Cross-referencesCited by 2
Cited by
Provisions elsewhere in the Manual whose text cites Rule 410. Each link opens the citing provision.
Rules for Courts-Martial
R.C.M. 705(f) — Plea agreements
…of justice because of circumstances arising during the proceeding. In addition, except as provided in Mil. R. Evid. 410, the fact that an accused offered to enter into a plea agreement, and any statements made by an accused in…
Discussion under R.C.M. 802(a) — Conferences
…R.C.M. 802(b). A military judge may not participate in negotiations relating to pleas. See R.C.M. 705 and Mil. R. Evid. 410. No place or method is prescribed for conducting a conference. A conference may be conducted by remote means…