What are Article 31b rights?
In short, neither your commanding officer nor anyone else in your command can force you to answer their questions if they suspect you of criminal behavior; you have the absolute right to remain silent. Furthermore, service members suspected of a crime have the absolute right to speak with a lawyer.
What is UCMJ 31b?
The United States Constitution and Article 31 (b) of the UCMJ require rights advisements before interrogations or requests for statements. may interrogate, or request any statement from, an accused or a person suspected of an offense without first informing him of the nature of the accusation . . . . “
Do I have the right to remain silent in the military?
Yes, members of the U.S. Armed Forces are given the right to remain silent by the foundation of military law, the Uniform Code of Military Justice (UCMJ).
What is a cleansing warning?
The term “cleansing warning” refers to a warning given to an accused service member advising him that earlier statements, if made without an Article 31(b) warning, cannot be used against him in a subsequent trial by court-martial.
Who can read Article 31 rights?
Read literally; however, Article 31 requires “persons subject to this chapter”, the UCMJ, or Uniform Code of Military Justice to read the rights. Article 31 applies to situations where, because of military rank, duty, or other relationship, there might be a subtle pressure on a suspect to respond to interrogation.
Can you plead the Fifth in the military?
The answer to that is absolutely. Military members are guaranteed that right under the Fifth Amendment, but are also subject to the Uniform Code of Military Justice. People cannot be forced to provide a statement or answer any questions which may incriminate them.
Do military police have to read you your Miranda rights?
Miranda warnings are only required if a person is in custody by police, but in the military, Article 31 rights must be read at any time. Most commanders are very sensitive to your constitutional rights and will not use your silence or assertion of right to counsel against you in any way.
What is a cleansing statement UCMJ?
CLEANSING WARNING. When an interrogator obtains a confession or admission without proper warning, subsequent compliance with Article 31 will not automatically make later statements admissible.
What are rights under Article 31?
Article 31 rights include: the right to remain silent. the right to have an attorney. the right to stop answering questions at any time.
What is Article 31 statement?
Article 31 of Uniform Code of Military Justice (10 U.S.C. § 831) protects service members against compulsory self-incrimination and requires that they be informed of the alleged offense before being questioned.
What is the Uniform Code of Military Justice?
The Uniform Code of Military Justice ( UCMJ, 64 Stat. 109, 10 U.S.C. §§ 801–946) is the foundation of military law in the United States. It was established by the United States Congress in accordance with the authority given by the United States Constitution in Article I, Section 8,…
What is Article 31?
Article 31 protects the accused by ensuring that charges or offenses are explained before questioning.