Rights warnings chart

 

bestmilitarydefensedefenseattorneys9.52.56PMcopyArticle 31(b) Miranda (Fifth Amendment) Sixth Amendment Purpose To dispel a service member’s To provide protection against an To provide accused the inherent compulsion to respond to inherently intimidating and coercive assistance of counsel questioning from a superior in rank interrogation environment during critical stages of or position the criminal process. Who must 1) Person subject to the code Law enforcement officer Government agent warn? 2) Acting in official capacity acting in law enforcement capacity 3) For law enforcement or disciplinary purposes Test: 1) Was the military questioner acting, or could reasonably be considered as acting, in an official law enforcement or disciplinary capacity, and 2) Did the person questioned perceive it as official questioning? Who must Accused or suspect Person subject to custodial Accused be warned? interrogation Test: Did the questioner believe, or reasonably should have believed, that the person committed an offense? When are Questioning where an Custodial interrogation Questioning after the warnings incriminating response is either preferral of charges on required? sought or is a reasonable matters related to the consequence charged offense(s) Test: Would a reasonable interrogator Custodial – Would a reasonable Right to counsel attaches see the questions as ones likely to person in the subject’s position feel only to charged offenses elicit an incriminating response? that they were under arrest or and to those offenses significant restraint? that would be Interrogation – Would a reasonable “considered the same interrogator see the questions as offense under the ones likely to elicit an incriminating Blockburger test,” even response? if not formally charged Content of 1) Nature of offense 1) Right to silence Right to counsel warnings 2) Right to silence 2) Use of statement Note: Miranda 3) Use of statement 3) Right to counsel warnings satisfy the Sixth Amendment Effect of invocation: Right to Temporary respite from Temporary respite from Not applicable silence interrogation interrogation Right to Not applicable Questioning ceases until: Questioning about counsel 1) Counsel made available (for charged offense ceases continuous custody, counsel must until: be present; if break in custody, real 1) Counsel present, or opportunity to seek legal advice 2) Subject re-initiates required), or and valid waiver 2) Subject re-initiates and valid obtained waiver obtained

warnings chart

Blockburger