What is the Uniform Code of Military Justice (UCMJ) Article 31?

The Uniform Code of Military Justice (UCMJ), Article 31 is an important law that applies to all United States Armed Forces personnel. It establishes the right of service members to be informed of the elements of any offense they are accused of committing. It also provides accused service members with the basic procedural protections that are afforded to civilian criminal defendants, including the rights to remain silent, to refuse to answer questions without an attorney present, and to confront any witnesses who make accusations. Article 31 provides that service members cannot be forced to testify against themselves. In addition, it provides for the rights of service members to be represented by private defense counsel at their own expense if they choose this option. Article 31 also provides an important safeguard for accused service members in Utah and elsewhere; that is, it prevents their supervisors from acting as both accuser and judge. In other words, it prohibits the convening of a court-martial or other action against a military service member without the advice and consent of an impartial panel of officers. This helps ensure that service members are given a fair trial and that they receive the due process to which they are entitled under the law.

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What is the Uniform Code of Military Justice (UCMJ) Article 31?

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