5th Amendment in the UCMJ - Harnish Law

Do you lose your right against self-incrimination when you join the military?

No. You do not lose your Fifth Amendment rights.

Let me explain.

Hey, I'm Cody Harnish, UCMJ attorney.

The Fifth Amendment protects individuals, including people in the military, from being forced to incriminate themselves in the military, this right is preserved and codified under article 31 of the UCMJ.

Fun fact.
Article 31 of the UCMJ predates Miranda warnings.

So if you think you give those rights away when you join.

No, actually those rights were given to service members before they were given to civilians.

No person subject to the UCMJ may be compelled, may be forced to incriminate themselves.

You cannot be ordered to make a statement so what does this mean?

Before any interrogation. Before any questioning.

If you are suspected of violating the UCMJ, you must be informed of your right to remain silent and that any statement you make can be used against you.

You have the right to consult with an attorney, a lawyer before and during questioning.

You don't need to be in custody. You don't need to be in handcuffs.

If they want to ask you questions and they suspect you of violating the UCMJ.

They have to read you your article 31(b) Rights

So you still have your Fifth Amendment rights.

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And in the meantime, I'm going to keep defending America's defenders.


At Harnish Law, PLLC, we are committed to providing exceptional legal representation for U.S. military service members worldwide. UCMJ Lawyer across all branches of the military.
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