Written confessions receive full Article 31 protection, requiring proper warnings before any request to provide written statements about suspected offenses. The medium of communication doesn’t affect rights requirements – whether suspects speak, write, type, or otherwise communicate admissions, Article 31 warnings must precede any official request for information. Written statements often receive heightened scrutiny given their permanent nature and devastating impact at trial. Military courts examine whether proper warnings preceded the writing, not just whether they occurred at some point during interaction.
The protection extends to all forms of written communication including handwritten statements, typed confessions, emails, text messages, or sworn statements requested by military authorities. Investigators cannot avoid Article 31 by having suspects write rather than speak their admissions. Requirements include warning suspects before requesting any written statement, whether narrative accounts, filling out forms with incriminating information, or responding to written questions. Even requests to write apology letters to victims require warnings if they might contain admissions.
Special concerns arise with pre-printed confession forms or questionnaires designed to elicit incriminating information. Simply including Article 31 warnings on forms doesn’t suffice – investigators must ensure suspects read, understand, and waive rights before completing any incriminating portions. The permanence of written statements creates particular pressure to “complete the story” once started, making initial warnings crucial. Courts scrutinize whether suspects understood that partial completion didn’t obligate finishing incriminating statements.
Documentary requirements for written confessions include preserving all drafts, notes, and preliminary versions that might show evolution of statements or investigator influence. Video recording the entire process of obtaining written statements provides optimal evidence of voluntariness and proper warnings. Time stamps, witness signatures, and environmental documentation help establish the circumstances of written statement creation. Defense counsel should investigate whether multiple versions exist and if investigators provided prohibited assistance in crafting admissions. The strict application of Article 31 to written confessions reflects their powerful impact on trials and the need for careful rights protection.