YOUR RIGHTS UNDER MILITARY LAW
There are important rights that every military member
has. It is our experience that frequently, members do not
know their rights, and do not exercise them because they
do not understand how critical they are. By doing this,
they often put themselves in legal jeopardy, hand the
government evidence it is not entitled to, and
compromise the later defense of their case.
These rights include:
There are important rights that every military member
has. It is our experience that frequently, members do not
know their rights, and do not exercise them because they
do not understand how critical they are. By doing this,
they often put themselves in legal jeopardy, hand the
government evidence it is not entitled to, and
compromise the later defense of their case.
These rights include:
- Article 31 rights. When a military member is
suspected of an offense under the Uniform Code
of Military Justice, another military member (or
military investigator) who wants to question them
for purposes of investigation or disciplinary action
must advise the member of the rights under Article
31 of the Uniform Code of Military Justice. This
includes the right to be advised of the general
nature of the offense of which you are suspected,
your right to remain silent, and the consequences
of giving a statement. While not part of Article 31,
you also have the right to counsel (under the U.S.
Constitution) and must be advised of that right as
well. If a military member invokes the right to
remain silent or the right to counsel, all questioning
must stop.
- Consent. Military members cannot be forced to
consent to a search of their person or property.
Consent must be voluntary. If investigators obtain
the appropriate search authority based on
probable cause, or if the search is part of an
inspection, a search may be conducted without
your consent.
- Pretext Phone Call. If you are under investigation,
a technique that the military investigative services
sometimes use is called a pretext phone call. For
example, in a rape case, they may ask the alleged
victim to call you and attempt to elicit incriminating
statements from you while the investigators listen
in on the call. You do not have to talk about your
case. This is one of the many reasons why
defense counsel often advise their clients to talk to
no one except the client's attorney about the case.
Those statements may later be used against you
at a later court-martial proceeding or other
disciplinary action.
Your Legal Rights |
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Copyright 2011, Britt, Hankins & Moughan
