UCMJ – United States Code of Military Justice

831. Article 31. Compulsory Self Incrimination Prohibited

06. Pre-Trial Procedure

(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 in 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.

3 Comments for this entry

    • juan

      What if subject is ordered by commander to report to unit conference room, and in said room are numerous federal agents that through coersion,badgering,threats etc.. extract incriminating statements from service member on federal charges, denying said service member miranda rights because he/she needed to be arrested in order to trigger miranda application, but no mention of article 31 rights, or signing of article 31 warnings/rights card? WAS service members Article 31 rights violated regardless that the questioning and charges stemmed from federal level and not UCMJ? BUT WAS ON military property and WHILE service member was ON DUTY, and could said statement be excluded/dismissed in a civil criminal proceeding because of Commander’s unlawful influence and denial of service members right to military counsel prior to questioning?

    • DarrellJG

      If this scenario/issue occurred off base, and you were question by federal authorities on base, the alleged incident of the defendant or accused would have to be taken into civilian custody(Federal agents) first-before answering any questions under the military Criminal Investigative service. Meaning it would have to go through civilian courts first, before the Military issues article 31 hearings. Also, in the military there are no Miranda Rights per se, but there are however certain rights under the UCMJ for certain measures. Under Civilian authorities you are issued Miranda Rights under certain conditions that you have not also violated the Patriot ACT as well. If this is the case the Patriot ACT supersedes all Authority and virtually ALL rights of the accused are literally waived!

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