Skip to the ladder
Military Lawyers

The ladder

Screen 3 of UCMJ Article 31 questions

71 answers, newest first

  1. Can defense counsel move to suppress all interviews that violated Article 31?
  2. Can command questioning trigger Article 31 rights obligations?
  3. Can chain-of-command pressure during investigation interviews be raised as a violation of Article 31 rights?
  4. Can Article 31 rights be triggered during a routine administrative counseling session?
  5. Can a witness’s statement be excluded if they were improperly questioned under Article 31?
  6. Can a second confession be suppressed if the first violated Article 31?
  7. Can a prior Article 31 advisement carry over to subsequent questioning?
  8. Can a military judge exclude evidence obtained in violation of Article 31 rights advisement?
  9. Can a command investigator avoid Article 31 advisement by labeling it a “non-investigative” conversation?
  10. Are written confessions subject to Article 31 protections?
  11. Are statements made to a military chaplain ever subject to Article 31 suppression?
  12. Are recorded non-custodial interviews admissible without express waiver of Article 31 rights?
  13. Are digital confessions protected under Article 31 the same as spoken ones?
  14. Are Article 31 violations appealable after conviction?
  15. Are Article 31 violations a valid basis for a motion to dismiss charges entirely?
  16. Are Article 31 rights waivable, and if so, how?
  17. Are Article 31 rights triggered if questioning is conducted during a field exercise or deployment?
  18. Are Article 31 rights required during command climate interviews that uncover potential offenses?
  19. Are Article 31 rights different for officers and enlisted personnel?
  20. Are Article 31 protections triggered during urinalysis questioning?
  21. Are Article 31 advisements required during safety mishap boards or accident investigations?