Article 31 of UCMJ similar to Fifth Amendment

  • Published
  • By Capt. Marla Gilman
  • Area Defense Counsel
MALMSTROM AIR FORCE BASE, Mont. --  "You have the right to remain silent. Anything you say can and will be used against you in a court of law ..." How many of you have heard those words before? Pretty much anyone who has seen an episode of "Law and Order" or "CSI" watched the cops read suspects their rights. The Fifth Amendment of the Constitution requires law enforcement to give these warnings when questioning a suspect in custody. The question is, do you have those same rights as a military member? The answer to that is absolutely. 

Military members are guaranteed that right under the Fifth Amendment, but are also subject to the Uniform Code of Military Justice. The UCMJ is not just a tool for commanders to hold Airmen accountable; there are individual protections and rights in various sections of the code. Such as Article 31, which is similar to certain Fifth Amendment rights, particularly the right to remain silent. 

What exactly does that mean? People cannot be forced to provide a statement or answer any questions which may incriminate them. If you find yourself in front of Security Forces, the Office of Special Investigations or a unit supervisor, and they want to ask you a question about misconduct you may have engaged in, they have to give you a rights advisement under Article 31 of the UCMJ. The person who wants to question you has to let you know the nature of the accusation, such as what trouble they suspect you of, advise you that you don't have to make any statement regarding the offense and that any statement can be used as evidence in a court-martial. Sounds a little bit like what you hear on "Law and Order." 

Now what about the situation where you are being questioned and nobody has given you a rights advisement? This advisement is only required in certain situations and not all questioning fits those circumstances. Remember, only you really know what happened. If you are being questioned and it's going into territory where you may be asked to incriminate yourself, you can stop the questioning and invoke your Article 31 rights, even without the advisement. 

You'll also be given an opportunity to consult with a lawyer, so take advantage of that right. The Area Defense Counsel office is here to assist with the process and can advise on your legal rights. Anything that is said to is confidential. Your right to remain silent is still protected. 

You have the right to remain silent, so if you choose, invoke it in the event you are questioned. The fact that you choose to do so cannot be held against you in any later proceeding. Before giving a statement, call the ADC office to consult with defense counsel. 

The ADC office is located in building 145, 7015 Goddard Drive. The entrance is located on the outside, right hand corner of the building. 

For more information, call 731-4723.