http://www.ucmj.us/sub-chapter-6-pre-trial-procedure/831-article-31-compulsory-self-incrimination-prohibited Sat, 17 Dec 2011 18:59:25 +0000 hourly 1 http://wordpress.org/?v=3.3.1 http://www.ucmj.us/sub-chapter-6-pre-trial-procedure/831-article-31-compulsory-self-incrimination-prohibited#comment-187 Samantha Sun, 04 Dec 2011 00:50:05 +0000 http://www.ucmj.us/?p=71#comment-187 If the facts are as set out here, it would certainly be fertile grounds for appeal. If the facts are as set out here, it would certainly be fertile grounds for appeal.

]]> http://www.ucmj.us/sub-chapter-6-pre-trial-procedure/831-article-31-compulsory-self-incrimination-prohibited#comment-18 juan Sun, 10 Oct 2010 18:15:19 +0000 http://www.ucmj.us/?p=71#comment-18 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? 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?

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