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NO No Fifth Amend.

Violation

IS THE SUBJECT OF THE INQUIRY A CRIMINAL SUSPECT? YES

Self-Incrimination Overview
NO

YES

Is the Person Performing the Inquiry Subject to the UCMJ (or an Agent of Someone who is Subject to the UCMJ)?

ARTICLE 31 ANALYSIS (UCMJ)

MIRANDA ANALYSIS (FIFTH AMENDMENT)

Did the Person Subject to the UCMJ Interrogate the Suspect? (Did the s/he Subject the Suspect to Any Formal or Informal Questioning Intended to or Reasonably Likely to Elicit an Incriminating Response?) YES

NO No Fifth Amend. Violation

NO

Did a Government Actor Interrogate the Suspect? (Did the Government Actor Subject the Suspect to Any Formal or Informal Questioning Intended to or Reasonably Likely to Elicit an Incriminating Response?) YES

NO Did the Criminal Suspect Answer? 1) Was it a Testimonial Communication (Schmerber) 2) Verbal or Nonverbal Response 3) Fingerprints, Blood Samples, voice IDs, etc. are not answers YES Was the Interrogator Acting in His/Her Official Capacity? 1) Did Interrogator Have More than Personal Motives? (Duga) 2) Was it a Law Enforcement or Disciplinary Invest.? (Loukas) YES Did the Suspect Perceive the Inquiry as More Than a Mere Casual Conversation? (Duga) YES YES Did the Suspect Receive Proper Article 31(b) Warnings? 1) Nature of Suspected Offenses 2) Right to Remain Silent 3) Consequences of Talking NO Was the Criminal Suspect in Custody? (see custody under Miranda analysis) NO NO Did the Suspect Invoke His /Her Right to Remain Silent? YES ARTICLE 31 VIOLATION YES Did the Suspect Invoke His /Her Right to an Attorney? NO Did the Government Scrupulously Honor the Suspects Silence? 1) Government Ceases Questions 2) Waits for Reasonable Time 3) Rewarns Suspect Prior to Requestioning YES Did the Government Immediately Cease Questioning? (Webb) 1) Did the Government Wait for an Attorney to be Present? OR 2) Did the SUSPECT Himself/Herself Reinitiate Questioning w/o an Attorney? NO 101 YES NO YES NO YES NO NO Was the Criminal Suspect in Custody? (Did the Government Deprive the Suspect of his/her Freedom of Action in Any Significant Way?)

NO

Did the Criminal Suspect Answer? 1) Was it a Testimonial Communication (Schmerber) 2) Verbal or Nonverbal Response 3) Fingerprints, blood samples, voice IDs, etc. are not answers YES

Did the Suspect Receive Proper Miranda Warnings? 1) Right to Remain Silent 2) Consequences of Talking 3) Right to an Attorney

NO

MIRANDA OR 31(b) VIOLATION

YES

Did the Suspect Validly Waive His/Her Rights? 1) Knowingly 2) Intelligently 3) Voluntarily NO

YES

No Fifth Amend. Violation

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