Article 31 rights in the military are often compared to Miranda rights in the civilian world. Sometimes, servicemembers have protections under both. However, it’s important to understand some crucial differences.
Article 31 rights get their name from name from the section of the Uniform Code of Military Justice (UCMJ) in which they’re covered. Miranda rights are rooted in the U.S. Constitution, but they get their name from the plaintiff in a Supreme Court case that determined that suspects under arrest must be read these rights before being interrogated.
More about Article 31 rights
These rights can only be provided to a member of the military by someone else in the military. If a servicemember is arrested for drunk driving on a city street by a police officer, that officer isn’t isn’t going to read them their Article 31 rights just because they’re in the military. Miranda rights would apply. If, however, someone is suspected of selling drugs on base, they would be read their Article 31 rights before being interrogated.
With that said, there are some rights under Article 31 that aren’t included in the “Miranda warning.” For example, a servicemember must be told what offense(s) they’re suspected of committing before they can be interrogated.
Under Article 31, servicemembers also have a right to ask for counsel even if they haven’t yet been detained or taken into custody. Further, in the civilian system, a person can be assigned a public defender only if they can show they can’t afford their own counsel. In the military, they don’t have to show lack of resources to get the services of a military defense counsel.
Of course, you have the right to choose your own military or civilian legal representative. What’s crucial is that if you’re accused of wrongdoing, you need to get experienced legal guidance as soon as possible to help protect your rights and your military career.