Criminal Investigations

Service members accused of crimes are afforded certain protections.

A commander, investigator or other person acting on behalf of the government must advise a service member of his/her rights under Article 31 of the Uniform Code of Military Justice when he/she reasonably suspects that the member has committed a crime.

If a suspect waives his/\her rights, the investigator may proceed with questioning. If the member wants to remain silent or consult with an attorney, the investigator should immediately cease questioning.

If charges have been preferred against the service member, defense counsel must be present before questioning the member about the preferred charges.

If any of these rights are violated during the questioning, any statement obtained from the accused that might have been used against the accused -- and any evidence derived from the statement -- will be excluded from evidence.

If the service member was previously questioned without a rights warning, the investigator can advise the service member that the prior statement may not be used against him/her, and advise the member of his/her rights prior to questioning.

A confession must be voluntary, and not the result of threats or false promises.