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Article 31 Rights in the UCMJ – Part 2

Welcome to your rights under Article 31 of the UCMJ.

The older sibling to Miranda.

For those of you who don’t know Article 31 of the UCMJ pre dates Miranda by over a decade.

Yep. You heard me right.

The military was actually ahead of its time when this happened.

While Miranda became law in 1966, Article 31 of the UCMJ was established in 1950.

So military personnel have been enjoying this right, for over 15 years before it became the standard for civilians.

There are some differences Military members should know about.

Article 31 is actually stronger than Miranda.

It actually protects military service members from self-incrimination more than Miranda protects civilians against self-incrimination. Service members have to be told what Article they are accused of violating.

With Miranda civilians they don’t have to be told what they’re accused of.

Additionally, service members must be told about their Article 31 rights before they can be questioned, not just when they’re taken into custody like civilians and Miranda.

All military members are entitled to their Article 31 rights regardless of whether or not they’re in custody. To qualify to be read your Article 31 rights you have to be subject to the code.

You’re in the military and the other person has to suspect you of violating a crime under the UCMJ.

And if they want to ask you any questions about that, they have to read you your rights.

This is your captain.
This is your first sergeant.
This is your squad leader.

Anyone subject to the code who suspects you of violating the UCMJ

and they want to ask follow up questions like,

Hey, where were you?

They have to technically read you your rights.

Did you know about this?

If not hit share.

Let your friends and battle buddies now.

Let’s educate each other on the rights,

both civilian and military

And in the meantime, I’ll be defending those who defend America.

Contact the Law Office of Jocelyn C. Stewart at 253-317-8494

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