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.
October 10th, 2010 on 6:15 pm
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?
December 4th, 2011 on 12:50 am
If the facts are as set out here, it would certainly be fertile grounds for appeal.