Official Website of Ernesto Gapasin, a top-rated civilian military criminal defense attorney with years of experience representing military service members in court.
In civilian law, an individual is informed of their rights during a custodial interrogation, in a procedure commonly called a Miranda warning. Article 31 of the UCMJ gives similar rights to military members, which apply to any interrogation regardless if it is custodial in nature, including initial questioning.
Suspects’ rights under military law: Continue reading “Interrogation Rights of Military Members”
The US Constitution gives Congress the privilege to direct land and ocean powers in Article 1, Section 8. Yet, how could we get from that point to the contemporary Uniform Code of Military Justice (UCMJ) that we have today?
The United States Congress initially established laws for controlling the military in 1806 known as the Articles of War. These were a refresh to the Articles of War given by the Second Continental Congress in 1775. Continue reading “History of the Uniform Code of Military Justice”