ADVISE SUSPECT OF ARTICLE 31 -

1
ADVISE SUSPECT OF ARTICLE 31 - MIRANDA RIGHTS
2
ACTION
Identify the procedures used to

• Advise a suspect of their Article 31 - Miranda
  Rights
• Complete DA Form 3881, Rights Warning
  Procedure/
• Waiver Certificate

3
CONDITIONS
In a classroom, given

• Hypothetical criminal activity scenarios
• Manual for Courts-Martial (MCM)
• DA Form 3881 (Rights Warning Procedure/Waiver
• Certificate)
• GTA Card 19-6-6 (How to Inform Suspect/Accused
• Persons of their Rights)
• A black ink pen

4
STANDARDS
Identify procedures to

• Advise a suspect of their Article 31 - Miranda
  Rights
• Complete DA Form 3881

5
SOURCES OF ARTICLE 31 - MIRANDA RIGHTS

• The right against self-incrimination
• Fifth Amendment of the Constitution
• Article 31 of the UCMJ
• The right to counsel
• Sixth Amendment of the Constitution
• Part II of the Manual for Courts-Martial

6
OFFICIALS AUTHORIZED TO ADMINISTER RIGHTS WARNINGS

• Criminal Investigation Division (CID) Special
  agents
• Military Police Investigators (MPI)
• Military Police
• Commissioned Officers, Warrant Officers, Petty
  Officers,
• and Noncommissioned Officers

7
ARTICLE 31
Article 31 applies to

• An accused - an individual facing charges
  preferred
• by an accuser under the provisions of the
  Uniform
• Code of Military Justice (UCMJ)
• A suspect - an individual suspected of
  committing an
• offense based on motive, means, opportunity,
  and facts
• that are determined to have evidentiary value

8
RIGHTS WARNING DOCUMENTS

• GTA 19-6-6 How to Inform Suspect/Accused
• Persons of their Rights
• DA Form 3881 Rights Warning Procedure/
• Waiver Certificate

9
DA FORM 3881 ADMINISTRATIVE DATA
10
DA FORM 3881 PART I, SECTION A
11
DA FORM 3881 THE WARNING
PART II - RIGHTS WARNING PRO
THE WARNING
1. WARNING - Inform the suspect/accused of
a. Your official position. b.
Nature of Offense(s). c. The fact
that he/she is a suspect/accused. 2. RIGHTS
- Advise the suspect/accused of his/her rights as
follows Before I ask you any questions,
you must understand your rights. a.
You do not have to answer my questions or say
anything. b. Anything you say or do
can be used as evidence against you in a
criminal trial. c. (For
personnel subject to the UCMJ) You have the
right to talk privately to a
lawyer before, during, and after questioning and
to have a lawyer present with you
during questioning. This lawyer
12
DA FORM 3881 THE WARNING (continued)
RT II - RIGHTS WARNING PROCEDURE
THE WARNING
can be a civilian you arrange for at no expense
to the Government or a military lawyer detailed
for you at no expense to you or both.
- or
- (For civilians not subject to the UCMJ) You
have the right to talk privately to a lawyer
before, during, and after questioning and to have
a lawyer present with you during questioning.
This lawyer can be one you arrange for at your
own expense, or if you cannot afford a lawyer and
want one, a lawyer will be appointed for you
before any questioning begins. d.
If you are now willing to discuss the offense(s)
under investigation, with or
without a lawyer present, you have the right to
stop answering questions at any
time, or speak privately with a lawyer before
answering further, even if you sign a
waiver certificate. Make certain the
suspect/accused fully understands his/her rights.

13
DA FORM 3881 THE WAIVER
14
DA FORM 3881 THE WAIVER (continued)
15
DA FORM 3881 PART I, SECTION B
Section B. Waiver
I understand my rights as stated above. I am now
willing to discuss the offense(s) under
investigation and make a statement without
talking to a lawyer first and without having a
lawyer present with me.
3. SIGNATURE OF INTERVIEWEE
WITNESSES (IF AVAILABLE)
John M. Doe
1a. NAME (Type or Print)
Patty C. Partner
4. SIGNATURE OF INVESTIGATOR
b. ORGANIZATION OR ADDRESS AND PHONE
Joe C. Cop
463d MP Company 596-4062 Ft Leonard Wood,
MO 65473
5. TYPED NAME OF INVESTIGATOR
2a. NAME (Type or Print)
Joe C. Cop
b. ORGANIZATION OR ADDRESS AND PHONE
6. ORGANIZATION OF INVESTIGATOR
463d MP Company Ft Leonard Wood, MO
65473
Section C. Non-waiver
1.
I do not want to give up my rights
I do not want to be questioned or say anything
I want a lawyer
2. SIGNATURE OF INTERVIEWEE
ATTACH THIS WAIVER TO ANY SWORN STATEMENT (DA
FORM 2823) SUBSEQUENTLY EXECUTED BY THE
SUSPECT/ACCUSED
DA FORM 3881, NOV 89
EDITION OF NOV 84 IS OBSOLETE
16
DA FORM 3881 SUSPECTS INITIALS
JMD
17
DA FORM 3881 SUSPECT COMPLETES NON-WAIVER BOX
18
DA FORM 3881 COMPLETE COMMENT BLOCK
19
REVIEW / SUMMARIZE

• Advise a suspect of his rights
• Complete DA Form 3881

• Complete the administrative information
• Complete the position and offense lines in
  Section A
• Read the rights warning from Part II
• Read the questions verbatim from the waiver
  section
• Comply with applicable instructions
• Complete the applicable waiver or non-waiver