without any compelling influence is, of course, admissible, in evidence.
The
fundamental impact of the privilege while an individual is in custody, is not
whether he is allowed to talk to the police without the benefit of warning and
counsel, but whether he can be interrogated. There is no requirement that police
stop a person who enters a police station and states that he wishes to confess a
crime, or a person who calls the police to offer a confession or any other
statement he desires to make. Volunteered statements of any kind are not barred by
the Fifth Amendment and their admissibility is not affected by our holding today.
d. Confessions and admissions then, are admissible into evidence when it can
be shown that they are received without violation of a person's legal rights.
However, prior to their admission into evidence before a military court-martial,
the government must establish:
(1) Corpus Delicti.
In the military a person cannot be convicted on the
basis of only his confession.
There must be independent evidence proving each
element of the offense, except for the identity of the culprit. There must always
be an independent criminal investigation, regardless of whether or not the accused
has confessed.
(2) Proof of Voluntariness:
(a) Confession.
Proof is required that it was voluntary prior to its
admission into evidence.
(b) Admission.
No proof of voluntariness is necessary unless the issue
is raised by the defense.
7.
Exclusionary Rule, Article 31d, UCMJ.
a. Confessions and admissions are damaging to the accused.
They are
difficult to defend against once entered into evidence. Special rules must govern
their admissibility.
The skilled SA and his supervisor must be aware of these
rules and govern their conduct accordingly.
b. The exclusionary rule of Article 31, UCMJ, excuses any evidence obtained
as a result of:
(1) Coercion.
This is any physical or psychological force or threat
thereof which deprives the person of the mental freedom to choose to speak or
remain silent.
(a) Physical violence or threat thereof; e.g., threat to turn a rape
suspect over to the victim's family.
(b) Mental pressures coming from other than the person's own conscience.
(c) Lack of food, sleep, toilet facilities, church attendance.
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