Eliminate Administrative Discharges in Lieu of Court-Martial: Guidance for Plea Agreements in Military Courts Is Needed

Plea bargaining in the military involves the exchange of a guilty plea for reduced charges or a specific minimum sentence. It also includes exchanging an admission of guilt to an offense punishable by a bad conduct or dishonorable discharge imposed by a military court for the assurance that the accused will not be brought to trial but instead will be administratively discharged. The Uniform Code of Military Justice does not cover plea agreements or discharges in lieu of court-martial, and they are not addressed in the Manual for Courts-Martial in which the President establishes procedural rules.