CONFESSIONS AND ADMISSIONS

Subcourse Number MP1020

EDITION D

United States Army Military Police School
Fort McClellan, Alabama 36205-5030

4 Credit Hours

Edition Date:   April 1996

SUBCOURSE OVERVIEW

This subcourse examines the law of confessions and admissions. It covers the general principles and applicability of the Fifth and Sixth Amendments to the United States Constitution. It examines the rights of suspects under Article 31, UCMJ, as well as when (and how) those rights are triggered. It also analyzes the procedures for advising a suspect of his rights, how to secure a valid waiver of those rights, and how to handle a nonwaiver. It examines the rules governing line-ups, the application of the exclusionary rule, and the public safety exception to Miranda .

Those who question persons suspected of criminal offenses must be familiar with this area of the law. This is true for criminal investigators, officers, NCOs, etc. The actions of those who interrogate a suspect may drastically affect whether or not the offender can be successfully prosecuted at a court-martial. Without a basic understanding of this area of the law, the result is likely to be unlawfully obtained confessions and evidence which is, therefore, inadmissible at trial. The criminal may go free, then, due to the errors of those who sought to question him. Your understanding of the law in this area will prevent this unfortunate outcome from occurring.

This subcourse will reinforce your basic knowledge and understanding of the law governing confessions and admissions, and will further expand that knowledge. If you have no prior familiarity with this subject, this subcourse will give you a sound working knowledge of the applicable legal principles. You must understand these rules, and how to apply them in the field. To accomplish this end, this subcourse will examine prior court decisions and the facts which faced various criminal investigators, commanders, and NCOs. You will learn from what they did, and from what they sometimes failed to do. The successful completion of this subcourse will help prepare you to assume the added responsibilities of a supervisor over those who are engaged in law enforcement duties. Subordinates, of course, will look to you for guidance. If you do not know the law, you will be unable to provide it.

There are no prerequisites for this subcourse.

This subcourse reflects the doctrine which was current at the time it was prepared. In your own work situation, always refer to the latest official publications.

Unless otherwise states, the masculine gender of singular pronouns is used to refer to both men and women.

TERMINAL LEARNING OBJECTIVE

TABLE OF CONTENTS

Subcourse Overview