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Naval Science 402 Leadership and Ethics

Naval Science 402 Leadership and Ethics. Lesson 19 Legal Rights of the Accused Jurisdiction. Objectives. Know the legal rights of an accused Know the purpose of Article 31 of the UCMJ Understand the concept of Jurisdiction. Legal Rights of the Accused. Begin at the Constitution -

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Naval Science 402 Leadership and Ethics

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  1. Naval Science 402Leadership and Ethics Lesson 19 Legal Rights of the Accused Jurisdiction

  2. Objectives • Know the legal rights of an accused • Know the purpose of Article 31 of the UCMJ • Understand the concept of Jurisdiction

  3. Legal Rights of the Accused • Begin at the Constitution - • 5th Amendment • 6th Amendment • Supported by the UCMJ - • Article 31 (paragraphs a - d) • And are further explained/defined under the MCM, MREs 301 - 305

  4. 5th Amendment Rights “No person … shall be compelled in any criminal case to be a witness against himself nor be deprived of life, liberty, or property, without due process of law …”

  5. 6th Amendment Rights • In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury … and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor; and to have the Assistance of Counsel for his defence.

  6. Miranda RightsMiranda v. Arizona (1966) • Prosecution Must Demonstrate Safeguards to Preserve the Privilege Against Self-incrimination

  7. Miranda RightsMiranda v. Arizona (1966) • Accused Must Be Warned Of: • Right to Remain Silent • Use of Statements As Evidence Against • Right to the Presence of an Attorney • Rights May Be Waived (Voluntarily, Knowingly, and Intelligently) • May Stop Answering Questions - Whenever

  8. Miranda Rights Applied to Servicemen • US v. Tempia (USCMA/CMR 1967) • Right to Remain Silent • Any Statements May Be Used As Evidence Against Accused in Trial by Court-martial • Right to Consult With Lawyer Counsel Prior to Any Questioning • Right to Have Such Retained Lawyer Present During the Interview • Right to Terminate Interview at Any Time

  9. UCMJ Article 31:Compulsory Self-incrimination Prohibited • Can not compel someone to incriminate him/her self • Must inform accused of the nature of the accusation and advise: • of the right not to make a statement about the accusation • if a statement is made it can be used as evidence

  10. UCMJ Article 31:Compulsory Self-incrimination Prohibited • Statements solicited must be material • If not done correctly, can’t use the statement

  11. Courts-Martial JurisdictionMCM Rules 201-203 “Jursidiction - the power to hear a case and to render a legally competent decision”

  12. Courts-Martial JurisdictionMCM Rules 201-203 • Jurisdiction over accused • Jurisdiction over offense • Properly convened • Proper composition • Charges properly referred

  13. Jurisdiction Over the Accused • Who • Members of the Regular Armed Forces • Reserve Members on Active Duty • Cadets, Mids, Aviation Cadets (Academies) • Persons in Custody of the Armed Forces • POWs

  14. Jurisdiction Over the Accused • For How Long • Until Discharged • Does Reenlistment Terminate Previous Liability

  15. Jurisdiction Over the Offense • Court Martial Has Exclusive Jurisdiction Over Purely Military Offenses

  16. Jurisdiction Over the Offense • An Act Which Violates Both the UCMJ and Local Criminal Codes May Be Tried by a Court Martial • The Competing Agencies, States, or Nations Will Determine Who Has Jurisdiction in the Case - Not the Accused

  17. Jurisdiction Over the Offense Court Martial = Federal Jurisdiction

  18. Questions ???

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