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ASSIGNMENT 3
Textbook Assignment:
“Constitutional Considerations,” chapter 4, pages 4-1 through 4-25.
3-1.
3-2.
Article 31, UCMJ, has a broader
interpretation of the protection
against self-incrimination than the
Fifth Amendment.
1.
True
2.
False
The right to have the assistance of
counsel for a person’s defense is a
right under what constitutional
amendment?
1.
Fifth
2.
Sixth
3.
Third
4.
Fourth
IN ANSWERING QUESTIONS 3-3 AND 3-4, SELECT
THE PROPER SUBSECTION OF ARTICLE 31, UCMJ,
STATED AS THE QUESTION.
3-3.
3-4.
3-5.
No person may interrogate or
request any statement from an
accused or a person without first
informing him or her of the nature
of the accusation.
1.
(a)
2.
(b)
3.
(c)
4.
(d)
No statement illegally obtained
through
against
1.
(a)
2.
(b)
3.
(c)
4.
(d)
coercion may be used
an accused at trial.
What two words are the keys to
understanding Article 31(a)?
1.
Questioning and interrogating
2.
Compulsion and
self-incrimination
3.
Evidence and guilt
4.
Self-incrimination and
interrogation
3-6.
While interviewing a witness, you
learn that the witness may be a
suspect to the commission of a
crime.
What action, if any, should
you take?
3-7.
3-8.
3-9.
3-10.
1.
2.
3.
4.
Make a notation on the
interview sheet and forward it
to the trial counsel
Administer Article 31 rights to
the witness before continuing
the interview
Stop the interview and forward
the results to the Naval
Criminal Investigative Service
None
During an interrogation, an accused
makes a confession without proper
warnings being given.
What type of
a statement is this?
1.
Voluntary
2.
Spontaneous
3.
Involuntary
4.
Compelled
The cleansing warning procedure was
sanctioned by what official body?
1.
JAG
2.
Supreme Court
3.
COMA
4. NAMARA
An oral confession or admission not
reduced to writing is valid as a
writing in court.
1.
True
2.
False
Which, if any, of the following
acts would require Article 31(b)
rights to be given first?
1.
Provide a urine sample
2.
Submit to fingerprinting
3.
Provide a handwriting exemplar
4.
None of the above
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