Sources of law
- The Fifth Amendment. “No person . . . shall be compelled in any criminal case to be a witness against himself . . . .”
- Article 31(a), UCMJ. “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.”
- The Sixth Amendment. “In all criminal prosecutions, the accused shall enjoy the right . . . to have the Assistance of Counsel for his defence.”
- The Voluntariness Doctrine. Looking at the totality of the circumstances, was the confession the product of an essentially free and unconstrained choice by its maker, or was the accused’s will overborne and his capacity for self-determination critically impaired.
Culombe v. Connecticut , 367 U.S. 568, 602 (1961).
- The collected law of Privilege Against Self-Incrimination
(PASI) principles, statutes, and decisions is embodied in the MCM at Mil. R. Evid. 301, 304-305.