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Investigation Procedures: Difference between revisions
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Practices regarding what evidence may be brought against an individual in trials are addressed by the SFUCMJ. When evidence is obtained through the violation of those articles, the accused is able to apply to have the evidence excluded from the trial under SFUCMJ section 831.31. | Practices regarding what evidence may be brought against an individual in trials are addressed by the SFUCMJ. When evidence is obtained through the violation of those articles, the accused is able to apply to have the evidence excluded from the trial under SFUCMJ section 831.31. | ||
<h4 style="font-family: 'Trebuchet MS','Arial'; color: royalblue; font-weight: bold;">MIRANDA RIGHTS VS. ARTICLE 31 RIGHTS</h4> | |||
Perhaps no legal term is more widely recognized among the general public than Miranda rights. You may even be able to recite them from memory — “You have the right to remain silent. Anything you say can be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be appointed for you.” | |||
In the civilian legal system, people are read their rights while they’re being arrested or questioned after they are in custody. However, in the military, rights advisement is more proactive and protective than this. Article 31 of the UCMJ covers service members’ rights, and they are recited when the accused is being questioned by another military member. | |||
Notably, the service member does not need to be in custody to trigger the rights advisement. This extra protection for military members stems from their training to obey the chain of command and prevents law enforcement from taking advantage of an accused member’s obedience to extract incriminating statements. | |||
<h4 style="font-family: 'Trebuchet MS','Arial'; color: royalblue; font-weight: bold;">INVESTIGATION</h4> | <h4 style="font-family: 'Trebuchet MS','Arial'; color: royalblue; font-weight: bold;">INVESTIGATION</h4> | ||
<h5 style="font-family: 'Trebuchet MS','Arial'; color: royalblue; font-weight: bold;">Investigation Mandates</h5> | <h5 style="font-family: 'Trebuchet MS','Arial'; color: royalblue; font-weight: bold;">Investigation Mandates</h5> | ||
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(4) provide evidence to support a conviction in a court-martial martial<br> | (4) provide evidence to support a conviction in a court-martial martial<br> | ||
<h5 style="font-family: 'Trebuchet MS','Arial'; color: royalblue; font-weight: bold;">Investigative Tasks & Thinking</h5> | <h5 style="font-family: 'Trebuchet MS','Arial'; color: royalblue; font-weight: bold;">Investigative Tasks & Thinking</h5> | ||
'''In order to understand the process of investigation, it is necessary to comprehend the distinction between investigative tasks and investigative thinking.''' | '''In order to understand the process of investigation, it is necessary to comprehend the distinction between investigative tasks and investigative thinking.''' | ||
* Investigative tasks relate to identifying physical evidence, gathering information, evidence collection, evidence protection, witness interviewing, and suspect interviewing and interrogation. | * Investigative tasks relate to identifying physical evidence, gathering information, evidence collection, evidence protection, witness interviewing, and suspect interviewing and interrogation. | ||
