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Investigation Procedures: Difference between revisions
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'''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. | '''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. | ||
<h5 style="font-family: 'Trebuchet MS','Arial'; color: royalblue; font-weight: bold;">Who Must Give Article 31 Warnings</h5> | <h5 style="font-family: 'Trebuchet MS','Arial'; color: royalblue; font-weight: bold;">Who Must Give Article 31 Warnings</h5> | ||
* When military personnel act as investigators or interrogators, or within the chain of command | * When military personnel act as investigators or interrogators, or within the chain of command in a disciplinary capacity, they must warn a suspect under Article 31(b) prior to asking the suspect any questions. | ||
in a disciplinary capacity, they must warn a suspect under Article 31(b) prior to asking the suspect any questions. | |||
* Civilians acting as agents of the military must comply with Article 31b. This includes agents of the Star Fleet Security and Criminal Investigative Service (SFSECIS) and the Marine Corps' Criminal Investigation Division (SFMC-CID). | * Civilians acting as agents of the military must comply with Article 31b. This includes agents of the Star Fleet Security and Criminal Investigative Service (SFSECIS) and the Marine Corps' Criminal Investigation Division (SFMC-CID). | ||