Naval Science 402 Leadership and Ethics Lesson 19 Legal Rights of the Accused Jurisdiction

Objectives Know the legal rights of an accused Know the purpose of Article 31 of the UCMJ Understand the concept of Jurisdiction

Legal Rights of the Accused Begin at the Constitution - 5th Amendment 6th Amendment Supported by the UCMJ - Article 31 (paragraphs a - d) And are further explained/defined under the MCM, MREs

5th Amendment Rights “No person … shall be compelled in any criminal case to be a witness against himself nor be deprived of life, liberty, or property, without due process of law …”

6th Amendment Rights In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury … and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor; and to have the Assistance of Counsel for his defence.

Miranda Rights Miranda v. Arizona (1966) Prosecution Must Demonstrate Safeguards to Preserve the Privilege Against Self-incrimination

Miranda Rights Miranda v. Arizona (1966) Accused Must Be Warned Of: Right to Remain Silent Use of Statements As Evidence Against Right to the Presence of an Attorney Rights May Be Waived (Voluntarily, Knowingly, and Intelligently) May Stop Answering Questions - Whenever

Miranda Rights Applied to Servicemen US v. Tempia (USCMA/CMR 1967) Right to Remain Silent Any Statements May Be Used As Evidence Against Accused in Trial by Court-martial Right to Consult With Lawyer Counsel Prior to Any Questioning Right to Have Such Retained Lawyer Present During the Interview Right to Terminate Interview at Any Time

UCMJ Article 31: Compulsory Self-incrimination Prohibited Can not compel someone to incriminate him/her self Must inform accused of the nature of the accusation and advise: of the right not to make a statement about the accusation if a statement is made it can be used as evidence

UCMJ Article 31: Compulsory Self-incrimination Prohibited Statements solicited must be material If not done correctly, can’t use the statement

Courts-Martial Jurisdiction MCM Rules “Jursidiction - the power to hear a case and to render a legally competent decision”

Courts-Martial Jurisdiction MCM Rules Jurisdiction over accused Jurisdiction over offense Properly convened Proper composition Charges properly referred

Jurisdiction Over the Accused Who Members of the Regular Armed Forces Reserve Members on Active Duty Cadets, Mids, Aviation Cadets (Academies) Persons in Custody of the Armed Forces POWs

Jurisdiction Over the Accused For How Long Until Discharged Does Reenlistment Terminate Previous Liability

Jurisdiction Over the Offense Court Martial Has Exclusive Jurisdiction Over Purely Military Offenses

Jurisdiction Over the Offense An Act Which Violates Both the UCMJ and Local Criminal Codes May Be Tried by a Court Martial The Competing Agencies, States, or Nations Will Determine Who Has Jurisdiction in the Case - Not the Accused

Jurisdiction Over the Offense Court Martial = Federal Jurisdiction

Questions ???