17 - Self Incrimination / 5th Amendment Part 2

Question 1

Article 31(b)

Answer 1

Any questioning triggers 5th Amendment protection under 31(b) if the military questioner was acting or could reasonable be considered to be acting in an official law-enforcement or disciplinary capacity.

Question 2

Art. 31(b) Questioning Ins and Outs

Answer 2

• Law-enforcement purpose? Warnings required
• Diciplinary purpose? Warnings required
• If purpose of questioning is for:
  -medical, safety, or unit readiness, 31(b) is not required

Timeliness

Question 3

Self-Incrimination Waiver of Rights

Answer 3

• Suspect can waive Miranda and/or 31(b) rights
• Waiver must be:
  -Knowing; AND
  -Intelligent; AND
  -Voluntary

Written waiver not required, but a good idea

Question 4

Self-Incrimination Voluntary Statements

Answer 4

Confession still must be voluntary
- Voluntariness must be evaluated under a totality of the circumstances test
-Age
-Mental Capacity
-Physical condition of the suspect

Question 5

Remedy for Violating 5th Amendment/31(b)/Miranda

Answer 5

Statements that are coerced or taken without proper warnings will be excluded at trial
- Evidence will alsobe excluded

Question 6

Mandatory Reporting (of others)

Answer 6

Navy Regulations 1137 requires service members to report all crimes under the UCMJ that come under your “observation”