CONFESSIONS AND ADMISSIONS
Admissions and confessions play a critical role in criminal prosecution. You must make sure MP protect the
constitutional rights of any subject. Knowing and following the requirements and procedures will ensure the
admissibility of evidence. The next section of this subcourse will cover requirements and procedures for rights
warnings, waivers, and documentation.
As a supervisor, your knowledge of the requirements of rights warning procedures, confessions, and admissions
must be greater than that of a patrol MP. This section will discuss the legal guidelines of self-incrimination. We
will explore some of the reasons behind the rules. At the end of this section you should--
o
Understand the restrictive procedures which govern police conduct in this area.
o
Have a basic understanding of the social, political, and legal factors which cause changes in the balance
between individual and societal rights.
Basic Doctrine
The basic doctrine which guides laws, policies, and procedures in this area is--
o
The Fifth Amendment to the Constitution. "...nor shall any person be compelled in any criminal case to
be a witness against himself."
o
Article 31, UCMJ.
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"No person subject to this chapter may compel any other person to incriminate himself or to answer
any question the answer to which may tend to incriminate him."
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"No person subject to this chapter may interrogate or request any statement from an accused or a
person suspected of an offense without first informing him of the nature of the accusation and
advising him that he does not have to make any statement regarding the offense of which he is
accused or suspected and that any statement made by him may be used as evidence against him in a
trial by court-martial."
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"No person subject to this chapter may compel any person to make a statement or produce evidence
before any military tribunal, if the statement or evidence is not material to the issue and may tend to
degrade him."
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"No statement obtained from any person in violation of this article, or through the use of coercion,
unlawful influence, or unlawful inducement may be received in evidence against him in a trial by
court-martial."
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MP2002
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