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Page Title: Pretrial Agreements
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amending order used to temporarily remove officer members  from  a  previously  established  court  without replacements for a specific case only. Figure 6-9 shows a GCM amending order used to permanently remove an officer member from a previously established court and replace that member with a new officer member. The previous samples show some of the various types of amending orders and the intended purposes of each different type. These samples can be modified for usc in amending either an SPCM or a GCM convening order simply by changing the heading and the body to read the appropriate type of order. Keep in mind, however, that the basic format of these samples will not change regardless of the type of order you are amending. Distribution The original convening order and any amendments are inserted in the original record of trial. Provide copies of the convening order and any amending orders to the TC, DC, military judge, court reporter, and the file. PRETRIAL  AGREEMENTS What is a pretrial agreement? As the name itself indicates,  a  pretrial  agreement  is  an  agreement  made before the trial between the accused and the CA. The agreement stipulates the maximum sentence that the CA will approve in return for a guilty plea of the accused. Actually, it is not quite that simple, as the following discussion  will  bear  out. Purpose Pretrial agreements arc advantageous to both the government  and  the  accused.  By  entering  into  an agreement with the CA, the accused knows in advance the  maximum  sentence  that  the  CA  will  approve.  On the  other  hand,  through  advanced  planning,  the government  can  effect  savings  in  money  and  manpower while  also  effecting  the  expeditious  administration  of justice. Therefore, from the government’s viewpoint, savings  is  the  primary  purpose  of  entering  into  pretrial agreements with accused persons. From the accused person’s point of view, he or she has the advantage of knowing beforehand what his or her maximum sentence will be. This is true provided the accused is in fact guilty and desires to plead guilty. A pretrial agreement may include (1) a promise by the accused to plead guilty to or to enter a confessional Figure  6-9.-General  court-martial  amending  order  permanently  removing  an  officer  member  from  a  previously  established  court and replacing that member with a new officer member. 6-12

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