Interesting Op-Ed at the NYT At War blog, here, about whether SSGT Bales could providently plead to the murders in Afghanistan in light of his attorneys statements that he does not recall the murders. Accessing a Benchbook right now would be difficult, but doesn’t the MJ Benchbook deal with this?
Updated: CAAF actually addressed the issue last term, United States v. Jones, 69 M.J. 294 (2011), in dicta in the context of a case where the accused pled to certain facts he learned from counsel as part of a child pornography plea:
If an accused is personally convinced of his guilt based upon an assessment of the government’s evidence, his inability to recall the specific facts underlying his offense without assistance does not preclude his guilty plea from being provident. United States v. Moglia, 3 M.J. 216, 218 (C.M.A. 1977).
So there you have it.