Skip to the ladder
Military Lawyers

The ladder

UCMJ Article 31 questions

71 answers, newest first

  1. Why is it critical to invoke Article 31 rights early in an investigation?
  2. Why is Article 31 more protective than civilian Miranda warnings in a military environment?
  3. Which military authorities are obligated to read Article 31 rights before initiating questioning?
  4. When must Article 31 rights be read during a joint civilian-military investigation?
  5. What’s the relationship between Article 31 and involuntary statements?
  6. What’s the best way to document a violation of Article 31 rights?
  7. What types of investigations require Article 31 compliance?
  8. What Supreme Court rulings support the strength of Article 31 protections?
  9. What role do Article 31 rights play in military whistleblower protection cases?
  10. What is the difference between Article 31 and Article 138 complaints in handling rights violations?
  11. What is the connection between Article 31 and Article 32 hearings?
  12. What happens if questioning continues after invoking Article 31 rights?
  13. What happens if only part of a conversation violated Article 31?
  14. What does “the general nature of the accusation” mean under Article 31?
  15. What did United States v. Payne say about civilian cooperation and Article 31?
  16. What constitutes a “clear and unequivocal” invocation of Article 31 rights?
  17. How is intoxication of the accused considered in Article 31 voluntariness analysis?
  18. How does the military apply the public safety exception to unwarned confessions under Article 31?
  19. How does the “fruit of the poisonous tree” doctrine work in Article 31 cases?
  20. How does the concept of “functional equivalent of interrogation” relate to Article 31?
  21. How does Joseph Jordan’s defense approach leverage Article 31 violations strategically?
  22. How does Article 31 interact with the right against self-incrimination under the Fifth Amendment?
  23. How does Article 31 interact with Military Rule of Evidence 304(c)?
  24. How do service members learn about Article 31 rights during training?
  25. How do courts evaluate whether Article 31 advisement was given “knowingly and intelligently”?