What are Article 31b rights?
In short, neither your commanding officer nor anyone else in your command can force you to answer their questions if they suspect you of criminal behavior; you have the absolute right to remain silent. Furthermore, service members suspected of a crime have the absolute right to speak with a lawyer.
When should an Article 31 warning be administered?
Miller: You said Article 31 warnings must be provided prior to interrogation about an official law enforcement or disciplinary inquiry. Interrogation means words or action by the interrogator that is either intended or reasonably likely to illicit an incriminating response.
Can you refuse captain’s mast?
Unless a service member is attached to or embarked on a vessel, he or she can refuse Captain’s Mast and demand a trial. Court martial affords service members certain procedural rights that are lacking at Captain’s Mast.
Can military members plead the Fifth?
The Fifth Amendment of the Constitution requires law enforcement to give these warnings when questioning a suspect in custody. Military members are guaranteed that right under the Fifth Amendment, but are also subject to the Uniform Code of Military Justice.
Should you read a non suspect witness his/her 31b rights?
What do I do if read my Article 31b rights? Only an unambiguous and unequivocal invocation of your rights has to be honored. Resist attempts by investigators to convince you it is best to “tell your side of the story;” it’s not. As defense attorneys know, “No one who talks, walks.”
What is Article 31a 31B 31C?
Doctrine of Eminent Domain is a concept in the American Constitution. In the case of State of Bihar v Kameshwar Singh , Supreme Court defined eminent Domain as “the power of a sovereign to take property for public use without the owner’s consent upon making just compensation.” Article 31A, 31B and 31C as well as Art.
What is Article 31C of Indian Constitution?
“31C. Saving of laws giving effect to certain directive principles. Provided that where such law is made by the Legislature of a State, the provisions of this article shall not apply thereto unless such law, having been reserved for the consideration of the President, has received his assent.
Which of the following are required for a valid 31 B waiver?
Waivers of Article 31(b) rights must be made freely, knowingly, voluntarily, and intelligently.
Does NJP affect my discharge?
Yes, a minor non-judicial punishment (njp) (Army Article 15, Navy Captain’s Mast…) should not have any affect on your eligibility for an honorable discharge.
What is the difference between a captain’s mast and court-martial?
Article 15 of the Uniform Code of Military Justice authorizes commanders to discipline service members without having to convene, or put together, a court-martial. Hence, it is also called non-judicial punishment (Captain’s Mast in the Navy) because it does not involve the judicial system.
What are rights under Article 31?
Article 31 rights include: the right to remain silent. the right to have an attorney. the right to stop answering questions at any time.
What is Article 31 statement?
Article 31 of Uniform Code of Military Justice (10 U.S.C. § 831) protects service members against compulsory self-incrimination and requires that they be informed of the alleged offense before being questioned.
What is the Uniform Code of Military Justice?
The Uniform Code of Military Justice ( UCMJ, 64 Stat. 109, 10 U.S.C. §§ 801–946) is the foundation of military law in the United States. It was established by the United States Congress in accordance with the authority given by the United States Constitution in Article I, Section 8,…
What is Article 31?
Article 31 protects the accused by ensuring that charges or offenses are explained before questioning.