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intelligently. A written waiver is not required. The
accused or suspect must acknowledge affirmatively that
he or she understands the right involved, affirmatively
decline the right to counsel, and affirmatively consent
to making a statement.
The Suspect’s Rights Acknowledgement/ Statement,
NAVJAG 5810/10, (fig. 11-1) is a suggested format that
may be used by investigative personnel in cases in which
suspects desire to waive their rights concerning
self-incrimination and to make statements. This format is
designed as a guide and its use is not mandatory.
RECORD OF THE FACT-FINDING BODY
The courts of inquiry and administrative
fact-finding bodies required to conduct a hearing must
keep a written record of their proceedings that will be
authenticated by the signature of the investigating
officer or president, In the case of a minority report it
must be signed by the members, if available, of the
fact-finding body acknowledging the report to be true.
Figure 11-1.-Suspect’s Rights Acknowledgement/Statement,
NAVJAG 5810/10–Continued.
Figure 11-1.-Suspect's Rights Acknowledgement/Statement,
NAVJAG 5810/10–Continued.
When the record cannot be authenticated by the
investigating officer or president, it should be signed by
counsel to the investigation.
The record of proceedings of a fact-finding body
should include the original appointing order and any
other communications from the convening authority. It
should contain the verbatim testimony of all witnesses,
all exhibits received in evidence by the fact-finding
body, and all proceedings of the investigation except
that, in the discretion of the fact-finding body,
arguments presented on behalf of the government and
any party to the inquiry maybe summarized. A copy of
the findings of fact, opinions, and recommendations
should be prefixed to the record. (See example in
JAGINST 5800.7C.)
The record of proceedings, together with the number
of complete copies required by the circumstances, should
be forwarded to the convening authority.
If at anytime during the proceedings an individual
is requested by a government representative to supply
personal information, compliance with the Privacy Act
11-3
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