Mildenhall Legal Office hosts Law Day

  • Published
  • By Capt. Matthew Leal
  • 100th Air Refueling Wing assistant staff judge advocate
RAF MILDENHALL, England --  “You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be appointed for you.”

Many individuals have heard these words before, normally from a movie or television show. But, how much do you actually know about Miranda rights?

On May 2, 2016, the 100th Air Refueling Wing Legal Office hosted Law Day 2016, “Miranda, More than Words” at the Galaxy Club to celebrate the 50th anniversary of the U.S. Supreme Court’s landmark decision of Miranda v. Arizona. Capt. Matthew Leal, 100th ARW assistant staff judge advocate, led a panel of experts, including attorneys responsible for both defending and prosecuting Airmen, an Air Force Office of Special Investigations Special Agent, and a member of the Ministry of Defence Police, in discussions focused primarily on how individuals’ rights apply in different contexts under Miranda v. Arizona, Article 31 of the Uniform Code of Military Justice, and British law.

The panel discussed details on the Miranda v. Arizona case, in which the U.S. Supreme Court ruled that a detained criminal suspect, prior to police questioning, must be informed of a Constitutional right under the Fifth Amendment to refuse “to be a witness against himself,” and the Sixth Amendment, which guarantees criminal defendants the right to an attorney. This sparked an interesting dialog among the panel as to how this applies and is applied in the military and what similar rights exist in the British legal system. For instance, under the British law, your initial silence when questioned by police may be held against you at a later trial.

Furthermore, the panel highlighted that although the Miranda decision was a major change in civilian law practice, the military had been issuing similar rights advisements since 1950, when Article 31 of the UCMJ was adopted. Additionally, they discussed how Miranda was heavily influenced by Article 31 rights. Therefore, members of the armed forces should take pride not only in the role they have defending our freedoms, but also the role the military has had in defining them.

Additionally, the panel explored how Article 31 and Military Rule of Evidence 305 combine to provide all the protections of Miranda v. Arizona, plus additional protections for service members. For example, the UCMJ provides greater protection by requiring the suspect be informed of the nature of accusation prior to questioning. Additionally, Article 31 applies to any formal or informal questioning in which an incriminating response is either sought or is a reasonable consequence of such questioning of someone who is suspected of an offense, while Miranda rights are not required until a suspect is in custody.

Ultimately, Law Day 2016 “Miranda, More than Words” was about educating the base community on the legal history and real world application of Miranda v. Arizona as it relates to Airmen and their families serving at RAF Mildenhall as well as to understand how it differs from their rights under Article 31 and if questioned by UK authorities about an offense. The 100th Air Refueling Wing Judge Legal Office thanks all of those that supported and participated in the event and we look forward to seeing you at Law Day 2017!

For more information, please contact the 100 ARW Legal Office at DSN 238-2028 or commercial at 01638 542028.