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The Warning Requirement of Article 31 (B): Who Must Do What to Whom and When

By Maguire, Robert F., Major

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Book Id: WPLBN0000672654
Format Type: PDF eBook
File Size: 1.39 MB.
Reproduction Date: 2005
Full Text

Title: The Warning Requirement of Article 31 (B): Who Must Do What to Whom and When  
Author: Maguire, Robert F., Major
Volume:
Language: English
Subject: Government publications, Armed Forces, Military law
Collections: Military Law Review
Historic
Publication Date:
Publisher: Government Publication

Description
Military Law Review

Excerpt
Excerpt: No person subject to this chapter [Code] 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.? Article 31 of the Uniform Code of Military Justice throws a triangle of protection around accused persons. Subsection (a) incorporates the privilege against compulsory self-incrimination; subsection (d) proscribes the admission in evidence of involuntary confessions and admissions. However, subsection (b) provides an entirely distinct and more sophisticated protection. Concepts of compulsion, coercion, and unlawful influence or inducement and their effect upon the will of a subject are not in point. The sole relevant question is: As a matter of fact, was the subject given a proper and timely warning advising him of his Article 31 rights? It is the failure to recognize this apparently obvious proposition that has caused much unnecessary confusion in this area.

 

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