Figure 2-5.
Heading and Rights Section.
Many offenses can occur in one incident.
For example, an aggravated assault may
occur in an attempted murder. You must enter the most serious offense (attempted
murder) on the offense line with aggravated assault understood to be the "lesser
included offense.' (Note that the term "lesser included offense" refers to any
offense not listed on tin offense line.) Consult with the local staff judge
advocate if there is any question as to the offense.
The Waiver/Nonwaiver Section makes up the rest of the waiver certificate.
There
are three ways to complete the section based on the three choices that a suspect
has. These are illustrated in Figure 2-6.
Example 1. The suspect consents to the interrogation without a lawyer.
The
suspect signs the waiver section first, followed by your signature, and finally a
witness signs the section.
Example 2. The suspect does not wish to be questioned, or wants a lawyer.
The
suspect checks which reasons applies in the nonwaiver section, and signs
the
nonwaiver.
Example 3. The suspect refuses to sign the certificate, but does agree to waive
his rights.
You must note that the suspect understands his rights, and does not
want a lawyer.
Also note that he wants to discuss the offenses or make an oral
statement and refuses to sign the waiver certificate.
2-21
MP2004
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