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DA FM 3881 Rights Warning/Waiver Certificate
DA FM 3881 191-376-5127 • Task: Advised suspect of Art 31-Miranda rights • Conditions: Given a suspect or accused, a blank DA 3881 or a GTA 19-6-6 and access to CID Reg 195-1 • Standards: You must, without error, advise suspect of his/her Miranda rights and prepare the DA 3881
1. Enter the location where the rights advisement is taking place 2. The date and time gets filled in when the suspect signs the form 3. Name is self explanatory Bldg #515, room #117, Ft Wherever, MT 12345 John William D. B Co. 1st/25th Inf Schofield Barracks, HI 96858 (808) 655-1234 123-45-6789 E-5 / AD 4. SSN and Grade is self explanatory 5. Enter the unit address of military or the home address of civilians
1. Enter the Agency which you represent 2. Enter the offense 3. Read each item word for word from the back of the form and have the suspect initial when they understand each item. Military Police Assault (Art #128, UCMJ) JWD JWD JWD JWD Q. Have you been advised of your legal rights and requested a lawyer within the past 30 days? A. 4. Ask this specific question and annotate their response and have them initial. If the answer is YES, stop questioning and contact your supervisor.
While explaining the suspects rights, read word for word this passage which is found on the back of the form. This will help explain their rights and standardize your interaction with all suspects you encounter. All of this is on the form!
Continued… Continue with the filling the form
1. If the suspect is willing to make a statement, they sign block #3 2. You sign block #4 regardless if they waive or invoke and print or type your name in block #5 3. Your unit in block #6. John W. Dean Watchin, Ima HHC 25th Inf, Schofield Barracks, HI 96857 (808) 655-1234 Snuffy, Joe Snuffy, Joe 123rd MP Detachment, Ft Wherever, MT 96858 (808) 438-7114 4. Fill in the witnesses of the rights advisement (if available) in blocks 1a – 2b.
1. The suspect has the option of checking one, both or neither of these blocks and initialing Refused to sign John W. Dean • If the suspect chooses not to make a statement, they sign here. Sometimes suspects are uncooperative and they do not want to sign, if this happens write “Refused to sign” in this block. This is when it good to have a witness.
How We Got Our Miranda Rights On March 13, 1963, $8.00 in cash was stolen from a Phoenix, Arizona bank worker. Police suspected and arrested Ernesto Miranda for committing the theft. During two-hours of questioning, Mr. Miranda, who was never offered a lawyer, confessed not only to the $8.00 theft, but also to kidnapping and raping an 18-year-old woman 11 days earlier. Based largely on his confession, Miranda was convicted and sentenced to twenty years in jail. Miranda's attorneys appealed. First unsuccessfully to the Arizona Supreme Court, and next to the U.S. Supreme Court. On June 13, 1966, the U.S. Supreme Court, in deciding the case of MIRANDA v. ARIZONA, 384 U.S. 436 (1966), reversed the Arizona Court's decision, granted Miranda a new trial at which his confession could not be admitted as evidence, and established the "Miranda" rights of persons accused of crimes. Ernesto Miranda was given a second trial at which his confession was not presented. Based on the evidence, Miranda was again convicted of kidnapping and rape. He was paroled from prison in 1972 having served 11 years. In 1976, Ernesto Miranda, age 34, was stabbed to death in a fight. Police arrested a suspect who, after choosing to exercise his Miranda rights of silence, was released
Mapp v. Ohio (1961): Looking for someone else, Cleveland, Ohio Police entered Dollie Mapp's home. Police did not find their suspect, but arrested Ms. Mapp for possessing obscene literature. Without a warrant to search for the literature, Ms. Mapp's conviction was thrown out. Escobedo v. Illinois (1964): After confessing to a murder during questioning, Danny Escobedo changed his mind and informed police that he wanted to talk to a lawyer. When police documents were produced showing that officers had been trained to ignore the rights of suspects during questioning, the Supreme Court ruled that Escobedo's confession could not be used as evidence. Fifth Amendment to the United States Constitution guarantees that people cannot be forced to testify against themselves in a criminal case. It also provides that a person cannot be placed in jeopardy twice for the same offense. Amendment 5 also guarantees that (1) a person cannot be deprived of life, liberty, or property without due process of law; (2) a person cannot be held to answer for a "capital, or otherwise infamous crime" unless he or she has been indicted by a grand jury, except that military personnel are subject to court-martial; (3) property cannot be taken from a person without just compensation. Amendment 5 is a part of the Bill of Rights that was ratified on Dec. 15, 1791.