Constitutional Rights, Personnel

Constitutional rights stand secure for military personnel, and for the most part, they have “equal protection and due process” under the laws of the United States. For example, the well-known Miranda warning, given by law enforcement to persons being taken into police custody under civilian criminal procedure, which concerns the right to remain silent and the right to counsel, has direct application in military law. Military personnel have protections under Article 31(b) of the Uniform Code of Military Justice (UCMJ) and also under United States v. Tempia (1967), which provides the military version of the Miranda rights. The Tempia additional warnings extended by Rule 305 of the Military Rules of Evidence allow the right to a military or civilian attorney, or both.

However, military discipline and ...