In 1950, Congress enacted Article 31(b) to dispel a service member’s inherent compulsion to respond to questioning from a superior in either rank or position. As a result, the protections under Article 31(b) are triggered when a suspect or an accused is questioned (for law enforcement or disciplinary purposes) by a person subject to the UCMJ who is acting in an official capacity, and perceived as such by the suspect or accused. Questioning refers to any words or actions by the questioner that he should know are reasonably likely to elicit an incriminating response. A suspect is a person who 3 Blockburger v. United States , 284 U.S. 299 (1932). “[W]here the same act or transaction constitutes a violation of two distinct statutory provisions, the test to be applied to determine whether there are two offenses or only one, is whether each provision requires proof of a fact which the other does not.” 4 Captain Fredric I. Lederer, Rights Warnings in the Armed Services , 72 MIL. L. REV. 1, 11 (1976). the questioner believes, or reasonably should believe, committed an offense. An accused is a person against whom a charge has been preferred.
- Content of the warning. See also Mil. R. Evid. 305(c).