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Investigation Procedures: Difference between revisions
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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. | 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. | ||
<h5 style="font-family: 'Trebuchet MS','Arial'; color: royalblue; font-weight: bold;">Article 31 Rights</h5> | |||
Service members need to be aware of their rights under Article 31. When faced with questioning by military authorities, it is crucial to understand: | |||
'''The Right to Remain Silent:''' Service members have the right to refrain from providing any information or statements that could be used against them in a court-martial or other military proceedings. | |||
'''Notification of Rights and Accusations:''' Before any questioning takes place, military personnel must be informed of their rights under Article 31. They must also be made aware of the nature of the allegations or charges being brought against them. | |||
'''Inadmissibility of Improperly Obtained Statements:''' Any information obtained in violation of a service member’s Article 31 rights may be deemed inadmissible. This can significantly impact the prosecution’s case and potentially lead to the dismissal of charges. | |||
'''Legal Recourse for Violations:''' A service member may believe that their Article 31 rights have been violated. If so, it is crucial to seek legal assistance from a qualified military defense attorney as soon as possible. This will help ensure their rights are protected. The attorney can also determine how to address potential violations or mitigate their impact on the individual’s military career. | |||
<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> | ||