Subchapter VI · Pre-trial Procedure
Article 31. Compulsory self-incrimination prohibited
2024 Manual for Courts-Martial, United States
Recent revisions Summary of changes Cited by (11)(a) No person subject to this chapter may compel any person to incriminate himself or to answer any question the answer to which may tend to incriminate him.
(b) No person subject to this chapter may interrogate, or request any statement from, an accused or a person suspected of an offense without first informing him of the nature of the accusation and advising him that he does not have to make any statement regarding the offense of which he is accused or suspected and that any statement made by him may be used as evidence against him in a trial by court-martial.
(c) No person subject to this chapter may compel any person to make a statement or produce evidence before any military tribunal if the statement or evidence is not material to the issue and may tend to degrade him.
(d) No statement obtained from any person in violation of this article, or through the use of coercion, unlawful influence, or unlawful inducement may be received in evidence against him in a trial by court-martial.
Cross-referencesCited by 11
Cited by
Provisions elsewhere in the Manual whose text cites Article 31. Each link opens the citing provision.
Rules for Courts-Martial
…requirements under R.C.M. 305 (e)(3) and (4) do not constitute exceptions to the notice requirements under Article 31(b).
R.C.M. 405(g)(4) — Preliminary hearing
Be informed of the right against self-incrimination under Article 31;
Military Rules of Evidence
Mil. R. Evid. 301(a) — Privilege concerning compulsory self-incrimination
…may claim the most favorable privilege provided by the Fifth Amendment to the United States Constitution, Article 31, or these rules. The privileges against self-incrimination are applicable only to evidence of a testimonial…
Mil. R. Evid. 301(f)(2) — Privilege concerning compulsory self-incrimination
…questioning and in exercise of rights under the Fifth Amendment to the United States Constitution or Article 31 remained silent, refused to answer a certain question, requested counsel, or requested that the questioning…
Discussion under Mil. R. Evid. 301(c) — Privilege concerning compulsory self-incrimination
Discussion A military judge is not required to provide Article 31 warnings. If a witness who seems uninformed of the privileges under this rule, appears likely to incriminate…
Mil. R. Evid. 304(a)(1)(A) — Confessions and admissions
…self-incrimination privilege or Due Process Clause of the Fifth Amendment to the United States Constitution, Article 31, or through the use of coercion, unlawful influence, or unlawful inducement.
Mil. R. Evid. 304(e) — Confessions and admissions
Limited Use of an Involuntary Statement. A statement obtained in violation of Article 31 or Mil. R. Evid. 305(b)-(c) may be used only:
Mil. R. Evid. 305(c)(1) — Warnings about rights
Article 31 Rights Warnings. A statement obtained from the accused in violation of the accused's rights under Article 31…
Mil. R. Evid. 305(f)(2) — Warnings about rights
Foreign Interrogations. Warnings under Article 31 and the Fifth and Sixth Amendments to the United States Constitution are not required during an…
UCMJ Punitive Articles
Article 131f, ¶ 87.c.(2) — Noncompliance with procedural rules
…and after trial. Unlawful command influence under Article 37 may be prosecuted under this Article. See also Article 31 and R.C.M. 104.
Uniform Code of Military Justice
Art. 137(a)(3) — Articles to be explained
…to sections 802, 803, 807– 815, 825, 827, 831, 837, 838, 855, 877–934, and 937–939 of this title (articles 2, 3, 7–15, 25, 27, 31, 37, 38, 55, 77–134, and 137–139).