Article 31(b): Who Should be Required to Give Warnings.

摘要

This thesis examines the historical origins and development of the right against self-incrimination, the common-law rule of confessions, and the due process voluntariness doctrine in the civilian community and in the military, to form a basis for evaluating the four tests devised by the Court of Military Appeals to answer the question of who should give Article 31(b) warnings. This thesis concludes that only those persons acting in an official military law enforcement capacity, regardless of the suspect's perception, should give Article 31(b) warnings. This Officiality test is the most faithful to the multiple policy objectives embodied in Article 31(b) and should be adopted.