Naval Science 402 Leadership and Ethics

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 ???