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Screen 2 of UCMJ Article 31 questions

71 answers, newest first

  1. How do Article 31 rights interact with parallel command investigations and Inspector General complaints?
  2. How did United States v. Ravenel impact Article 31 case law?
  3. How are juveniles (e.g., JROTC, cadets) treated under Article 31 standards?
  4. Does the format of Article 31 advisement (oral vs. written) affect its validity?
  5. Does failure to advise of Article 31 rights constitute “unlawful command influence”?
  6. Does Article 31 require advisement for written questionnaires or surveys that touch on misconduct?
  7. Does Article 31 cover coercive tactics like sleep deprivation or isolation?
  8. Does Article 31 apply during informal or casual questioning?
  9. Does a prior waiver of Article 31 rights apply to future questioning?
  10. Do rights under Article 31 apply during pretext conversations?
  11. Do Article 31 rights apply even when a civilian investigator is involved?
  12. Do Article 31 protections apply during command-directed mental health evaluations?
  13. Can you revoke a prior waiver of Article 31 rights?
  14. Can you invoke Article 31 rights in writing instead of verbally?
  15. Can you be punished for refusing to answer questions under Article 31?
  16. Can the failure to advise rights under Article 31 invalidate a search consent?
  17. Can the defense request Article 31 advisement records during discovery?
  18. Can the chain of custody of a recorded statement affect an Article 31 analysis?
  19. Can statements made under Article 31 advisement be used in civilian courts?
  20. Can statements about unrelated offenses be excluded under Article 31?
  21. Can refusal to speak under Article 31 be used as evidence of guilt?
  22. Can OSI, NCIS, or CID question you without stating Article 31 warnings?
  23. Can military investigators be held accountable for Article 31 misconduct?
  24. Can mental illness invalidate a waiver of Article 31 rights?
  25. Can legal counsel be present during Article 31 questioning?