Right to remain silent
- The main PASI aspect of the Article 31(b) warning is practically the same as its Miranda warning counterpart.
- The most significant area of concern regarding this prong of the warning is the occasional improper qualification of the PASI when the investigator recites the warning. In United States v. Allen , 48 C.M.R. 474 (A.C.M.R. 1974), the accused was advised he could remain silent only if he was in fact involved in the suspected misconduct. He was also told that if he knew who was involved in the robbery under investigation and remained silent, he could be found guilty. Both of these statements were held improper. A suspect has an “absolute right to silence.”