The lives of our battle buddies might depend on unhesitatingly following commands. Starting on the first day of basic training we learn to respect and obey military authority. We belong to a warrior culture that values concepts like duty, integrity, and candor. These character traits make us valuable members of our Guard unit, but do little to prepare us to protect our own rights when accused of misconduct.
Many guardsmen who participated as G-RAP. If you participated in the G-RAP program as a RA, this article is designed to provide an overview of your legal rights. The laws applicable to your specific situation can depend on a variety of factors including your duty status at the time of G-RAP participation. This article focuses the rights of traditional National Guard Soldiers currently serving in Title 32 state status.
The bottom line is that the best thing you can do to protect yourself is to consult with a Criminal Defense Attorney regarding your specific situation.
When CID agents contact you, their questions may seem harmless at first. Sometimes the agents will be asking about other Soldiers. Gradually, the questions may become more pointed and focused on you. Almost all underestimated the seriousness of the situation and failed to grasp that they were the targets of a federal investigation that could land them in prison.
You should seriously consider speaking with an Attorney before speaking with CID agents. Each situation is different but in most cases, I tell my clients to politely and respectfully inform the Agent that they will be happy to cooperate, but they want to speak with their Attorney first.
A trained and conscientious agent will cease questioning once you state you want to talk to your Attorney. However, in some GRAP investigations unscrupulous agents have attempted to shame former RAs into waiving their rights and providing answers. If this happens, you absolutely must speak to a Criminal Defense Attorney. Military commanders have broad authority to conduct investigations and compel Soldiers under their command to do certain things.
However, your commander may not fully understand the nature of Title 32 status and wrongly order you to submit to the demands of Title 10 CID agents. Here again, an Attorney is crucial to helping to protect your rights. However, any questioning of a suspect by a military superior in his immediate chain of command will normally be presumed to be for disciplinary purposes.
If it's a friend you are talking to, or a ship-mate then you need to be aware of the Duga rule, or as I say, there are no "friends" or "comrades" when you are in trouble.
Duga's attempt to have his unwarned statements suppressed was rejected at trial and on appeal. See United States v. Duga , 10 MJ C. Some of the items listed here are out and out tricks, others are situations where the investigators take advantage of you or of the system, and primarily your fear and lack of knowledge. Much of this information is readily available in text books, articles, and other materials on the internet, or at your local library.
Pretext phone calls or meeting. If you are a suspect in drug offenses, sexual assaults, or child abuse cases it is quite possible the investigators will conduct a pretext phone call or meeting with you. They will get your spouse or another druggie, or a complaining witness, who knows you to call you, or meet with you, to discuss the situation. The goal is to get statements and admissions they can use against you as evidence.
The investigators are either on another phone extension, the call is being taped, or the person is wired. The law is very clear that they don't have to advise you of your rights to silence.
Note: If you have a military no contact order and you suddenly get a text message, email, phone call, or visit from an alleged victim you can bet that's likely a pretext contact. Obey the no contact order and report the contact to your chain of command.
There's no military lawyer available. That's generally true. One of the reasons you should consider consulting a civilian attorney. You are unlikely to get put in touch with a military lawyer immediately, especially nights or weekends. In some places you don't get to talk with a lawyer but a paralegal. What the investigator is banking on is that you will be discouraged, decide not to make the effort, and give up and talk. If you do in fact give up, then you've waived your right.
Tell them you want to terminate, tell them you want to leave, tell them you will not talk with them again unless they first talk with your lawyer. Take a break. You are entitled to leave. You leave the interrogation telling the investigators you want to talk with a lawyer; but you don't talk with a lawyer.
A week or so later the investigators ask if you've talked with a lawyer and if you are willing to talk with them. If you say no, you've not talked with a lawyer, they will ask if you will talk with them anyway. If you say yes you just waived your right to counsel and you can be interrogated. Confirmation bias is the tendency to bolster a hypothesis by seeking consistent evidence while disregarding inconsistent evidence.
An initial hypothesis in a criminal investigation may guide the sort of evidence investigators seek, the leads they pursue or drop, and their interpretations of ambiguous evidence.
CB can lead to false convictions. Taken from, O'Brien, B. Law Human Behav. As a head trial counsel my rule for my trial counsel was to never rely solely on the NCIS reports: do your own interviews and investigation. The TC's who do rely on the reports do so at their own peril. Regrettably, the real investigation isn't done until charges are referred and by then it's often too late.
And yes, defense counsel can fall into the same trap, as can judges, and members. What is the most common question if you ask for a lawyer or ask to remain silent? Why do you want a lawyer, why do you want to remain silent? Why do they ask this, it's a ruse to try and get you talking and to reconsider your exercise of your rights. The answer often is a variant of, "he was nervous. First they are told and usually escorted to the LE office.
The escort won't tell them why or what's going on. They then have to wait the appropriate time in the waiting area to heighten the tension. I was reminded of this by a post from fourth amendment blog. Continuing defendant's open container stop for a beer can because he was nervous was unreasonable. Hemingway, U. March 13, Talking with police officers is usually one of the more stressful encounters we have in our lives, and one that we typically avoid at all costs.
Even when we've committed no crime, it can be nerve racking, but when we're guilty it's much worse. Of course there are other "indicia" offered as to why they, the investigators disbelieved the accused. But, cautions those guru's of interrogation The Reid :. In conclusion, because laughter and humor relieve anxiety, it is common for both truthful and deceptive suspects to engage in these behaviors during an interview.
The mere presence of laughter or attempted humor during an interview should not be considered a behavior symptom of deception. Furthermore, when accused of wrong-doing, the tendency to deny opportunity, access, motive and propensity occurs within both innocent and guilty suspects.
You can read more about interrogations at The Reid. Why is it valuable for a defense counsel to read The Reid. Well of course it's an aid in understanding how law enforcement may have coerced a confession, or got it wrong.
But, it's also an invaluable guide in how you interview your own client and witnesses. I'm not saying you become an investigator or accusatory toward your client or witnesses. The idea of interrogation techniques is to get information.
I know law enforcement is only looking for the confession, but you have a broader purpose. The Reid's final caution today is that research has failed to show there are any noteworthy signs of lying--"There are no behaviors unique to truth or deception. Of course that leads to my favorite law enforcement response - confirmation bias. Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. The contact form sends information by non-encrypted email, which is not secure.
Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship. The Law Office of Philip D. Cave Home. Cave Nathan P.
Have Briefcase and Internet , Will Travel. Your Rights. Your Rights Don't Waive Them! Right to Silence Right to talk to a lawyer Right to terminate or stop an interrogation Right to leave the interrogation Right to say "No" to a request for permission to search 1.
Read on - On this page you will find helpful information if you answered yes to any of the above. How may you end up being interrogated or questioned about a potential offense?
The current teaching is not to call their interrogation an interrogation but a suspect interview. They have learned that the use of the word interrogation is a loaded word. Regardless of the semantics you are still being interrogated. Commander or others in the chain of command. Civilians acting on behalf of the military or in a "joint investigation. How will this likely happen?
I think the escort bit is morally wrong because it's a set-up, but that's the law. However, once there at the law enforcement you do not have to waive your rights or cooperate - and you should not talk or cooperate. They first will have you wait around, again to heighten the stress and concern. Then they will ask you biographical questions. They will tell you this isn't part of the interrogation - that's a lie. Yes they have to get this information for their records.
If the Soldier was titled, it will follow this Soldier for the rest of his life. From what I understand, you do not get removed from this database once in it. So, anytime he applies for a government job, police, security, basically any job where they do a background check, this issue will come up. I found the following recent article which explains the basics of the titling process. Titling Article. Use information from multiple sources when making important professional decisions.
This is not an official government website. This is an operational decision made by either the Provost Marshal for any case which they are the investigating authority or the CID Office. What probably happened to you is you were under investigation and the case was unfounded.
All unfounded cases will still show up for a Military Police Records Check that you were listed as a subject of an unfounded investigation. It will clearly state it was unfounded but could still have adverse effects on things such as your spouse wanting to have an at home day care. Find out what's new at AskTOP. Do you have a question about Army doctrine? Have you been confronted by an ethical dilemma? Are you looking for an unbiased outside opinion?
Submit your question and AskTOP! Information on AskTOP is categorized into a number of subject areas for convenient browsing. All rights reserved. All materials contained on this site are protected by United States copyright law and may not be reproduced, distributed, transmitted, displayed, published, broadcast, or in any way exploited without the prior written permission of Mentor Enterprises, Inc.
You may not alter or remove any trademark, copyright or other notice from copies of the content.
0コメント