Rights Advisement Card

Rights Advisement Cards

Script for Advisement of Rights

For Military Personnel (UCMJ / Article 31 — see below for full text of Art 31):


Rights Advisement Cards

Script for Advisement of Rights

For Military Personnel (UCMJ / Article 31 — see below for full text of Art 31):

I am __________ (name and grade), a/an ____________ (status, i.e. investigating officer, Security Policeman, military attorney). I am investigating the alleged offense(s) of ____________ (state general nature of the offense(s)), of which you are suspected. I advise you that under the provisions of Article 31, UCMJ, you have the right to remain silent, that is, say nothing at all. Any statements you make, oral or written, may be used as evidence against you in a trial by court-martial or in other judicial or administrative proceedings. You have the right to consult a lawyer and to have a lawyer present during this interview. You have the right to military legal counsel free of charge. In addition to military counsel, you are entitled to civilian counsel of your own choosing, at your own expense. You may request a lawyer at any time during this interview. If you decide to answer questions, you may stop the questioning at any time. Do you understand your rights? Do you want a lawyer? (If the answer is yes, cease all questions at this point). Are you willing to answer questions?

For Civilian Personnel

I am __________ (name and grade), a/an ____________ (status, i.e. investigating officer, Security Policeman, military attorney). I am investigating the alleged offense(s) of ____________ (state general nature of the offense(s)), of which you are suspected. I advise you that under the Fifth Amendment to the Constitution, you have the right to remain silent, that is, say nothing at all. Any statements you make, oral or written, may be used as evidence against you in a trial or in other judicial or administrative proceedings. You have the right to consult with a lawyer and to have a lawyer present during this interview. You may obtain a civilian lawyer of your own choosing, at your own expense. If you cannot afford a lawyer, and want one, one will be appointed for you by civilian authorities before any questioning. You may request a lawyer at any time during this interview. If you decide to answer questions, you may stop the questioning at any time. Do you understand your rights? Do you want a lawyer? (If the answer is yes, cease all questions at this point). Are you willing to answer questions?

SOURCE: AFVA 31-231, 1 January 1999

Text of Article 31, UCMJ:

Article 31, Compulsory self-incrimination prohibited

(a) No person subject to this chapter may compel any person to incriminate himself or to answer any question the answer to which may tend to incriminate him.

(b) No person subject to this chapter may interrogate, or request any statement from an accused or a person suspected of an offense without first informing him of the nature of the accusation and advising him that he does not have to make any statement regarding the offense of which he is accused or suspected and that any statement made by him may be used as evidence against him in a trial by court-martial.

(c) No person subject to this chapter may compel any person to make a statement or produce evidence before any military tribunal if the statement or evidence is not material to the issue and may tend to degrade him.

(d) No statement obtained from any person in violation of this article, or through the use of coercion, unlawful influence, or unlawful inducement may be received in evidence against him in a trial by court-martial.