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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> | <h5 style="font-family: 'Trebuchet MS','Arial'; color: royalblue; font-weight: bold;">Article 31 Rights In Brief</h5> | ||
*The right to remain silent | |||
*The right to have an attorney | |||
*The right to be informed of the alleged offense before being questioned | |||
*The right to terminate an interview at any time | |||
*The right to waive their right to remain silent | |||
*The right to present evidence, including oral or written statements, documentary evidence, and the statements of other individuals | |||
*The right to be protected against compulsory self-incrimination | |||
*The right to not be forced to answer questions or provide information that might be used against them in a criminal proceeding | |||
Service members need to be aware of their rights under Article 31. When faced with questioning by military authorities, it is crucial to understand: | Service members need to be aware of their rights under Article 31. When faced with questioning by military authorities, it is crucial to understand: | ||