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Article 31 Rights in the UCMJ (Part 3)

Welcome to your rights in Article 31 at the UCMJ, the older sibling to Miranda. For those of you who don’t know, Miranda is short for this case site here. Article 31 at the UCMJ predates 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’s 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 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 just suspect you of violating a crime under the UCMJ. And if they wanna 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 of 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 redo your rights. Did you know about this? If not, hit share. Let your friends and battle buddies know, let’s educate each other on your rights, both civilian and military, and in my next video, how to effectively invoke your Article 31 rights follow for more insights in the military law. And in the meantime, I’ll be defending those who defend America.

 

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