Article 31 provides servicemembers with a broad protection against being compelled to incriminate themselves. The text of Article 31 provides as follows:
a. No person subject to this chapter may compel any person to incriminate himself or to answer any questions the answer to which may tend to incriminate him.
b. No person subject to this chapter 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 and advising him that he does not have to make any statement regarding the offense of which he is accused or suspected, and that any statement made by him may be used as evidence against him in a trial by court-martial.
c. No person subject to this chapter may compel any person to make a statement or produce evidence before any military tribunal if the statement or evidence is not material to the issue and may tend to degrade him.
d. No statement obtained from any person in violation of this article, or through the use of coercion, unlawful influence, or unlawful inducement, may be received in evidence against him in a trial by court-martial.
Military Justice 101 - Part 5, Right to Remain Silent (Article 31 Rights)
That's Article 31, UCMJ, plain and simple. Note ~ you should not talk to the investigators without first talking with an attorney.
Say: "I do not waive my right to silence; I want to stop this interview; I want to talk to a lawyer; I want to leave."
They will try to get you to stay and engage in "chit-chat" or "background information."
Say: "I do not waive my right to silence; I want to stop this interview; I want to talk to a lawyer; I want to leave."
DO NOT MAKE ANY STATEMENT (oral or written)!
If you say anything at all it could be used against you. It doesn't matter if you "only say" something and then decline to put it in writing or sign the investigators written statement. What you say can be used.
If you say anything to a friend, supervisor, or other non-law enforcement person, that statement might be used against you. This area of military law can be confusing so the best course of action is to say and do nothing to anyone but your attorney. Read United States v. Guyton-Bhatt, 56 M.J. 484 (C.A.A.F. 2002).
Your Rights!
I'm sorry but this is really not new in the military however there are some differences. As Stand correctly pointed out there is a huge difference between those individuals labeled as "unlawful enemy combatants" and have zero right under the constitution but as you can see above do have some rights under the UCMJ and those that are captured by the FBI or any other civilian authority.
a. No person subject to this chapter may compel any person to incriminate himself or to answer any questions the answer to which may tend to incriminate him.
b. No person subject to this chapter 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 and advising him that he does not have to make any statement regarding the offense of which he is accused or suspected, and that any statement made by him may be used as evidence against him in a trial by court-martial.
c. No person subject to this chapter may compel any person to make a statement or produce evidence before any military tribunal if the statement or evidence is not material to the issue and may tend to degrade him.
d. No statement obtained from any person in violation of this article, or through the use of coercion, unlawful influence, or unlawful inducement, may be received in evidence against him in a trial by court-martial.
Military Justice 101 - Part 5, Right to Remain Silent (Article 31 Rights)
That's Article 31, UCMJ, plain and simple. Note ~ you should not talk to the investigators without first talking with an attorney.
Say: "I do not waive my right to silence; I want to stop this interview; I want to talk to a lawyer; I want to leave."
They will try to get you to stay and engage in "chit-chat" or "background information."
Say: "I do not waive my right to silence; I want to stop this interview; I want to talk to a lawyer; I want to leave."
DO NOT MAKE ANY STATEMENT (oral or written)!
If you say anything at all it could be used against you. It doesn't matter if you "only say" something and then decline to put it in writing or sign the investigators written statement. What you say can be used.
If you say anything to a friend, supervisor, or other non-law enforcement person, that statement might be used against you. This area of military law can be confusing so the best course of action is to say and do nothing to anyone but your attorney. Read United States v. Guyton-Bhatt, 56 M.J. 484 (C.A.A.F. 2002).
Your Rights!
I'm sorry but this is really not new in the military however there are some differences. As Stand correctly pointed out there is a huge difference between those individuals labeled as "unlawful enemy combatants" and have zero right under the constitution but as you can see above do have some rights under the UCMJ and those that are captured by the FBI or any other civilian authority.
