Members Subject To The Ucmj

Question 1

Military members

Answer 1

All military members shall be advised of their article 31(b) (opnav 5580/3) prior to incriminating questioning

Question 2

Civilians

Answer 2

Civilians shall be advised of their Miranda rights, as per the Miranda decision by the US Supreme Court. Civilians will be turned over to the local law enforcement or NCIS at the earliest opportunity.

Question 3

Juveniles

Answer 3

Juveniles will be advised of their Miranda rights in the presence of their parent, guardian, responsible caretaker who is not involved with the investigation for the rights advisement and must choose whether or not to waive or invoke the juveniles rights.

Question 4

Intoxicated members

Answer 4

Members must be able to understand their rights, everyone will be read their 31(b) rights unless they are too intoxicated.

Question 5

Foreign nationals

Answer 5

Foreign Nationals do not have Miranda or 31(b) rights due to their status as non-military and non American citizens. Foreign national will be turned over the host nation law enforcement/military representative.

Question 6

Suspects advisement of rights

Answer 6

An advisement of rights is necessary prior to asking a suspect any incriminating questions or taking any actions which might reasonably be constructed to imply that an accused/subject is not free to leave and must talk about offense.