16 - Compelled Self-Incrimination and the 5th Amendment Part 1

Question 1

Miranda Rights

Answer 1

1. The right to remain silent
2. Anything you say will be used against you in court
3. Right to an attorney

Question 2

Self-Incrimination

Interrogation

Answer 2

• Questions or questioning
• “Functional equivalent of a question” (statements or actions)
• Any words or actions that the officer should have known was reasonably used to get an incriminating response

Self-Incriminaiton applies to only “Testimonial” Statements

Question 3

“Testimonial” Statements

Answer 3

• Verbal: Oral or written
• Nonverbal: Nodding the head, thumbs up

Question 4

Article 31(b), UCMJ

Answer 4

Used to counterbalance risk of military rank/authority leading to coerced confessions in violation of the 5th Amendment

Question 5

Details of Article 31(b)

Answer 5

Suspect must be informed of:
- The nature of the accusations
- Right to remain silent
- Anything said can be used against the suspect at court-martial