Illinois Administrative Code
Title 95 - VETERANS AND MILITARY AFFAIRS
Part 400 - ILLINOIS MANUAL FOR COURT-MARTIAL AND NONJUDICIAL PUNISHMENT
Subpart F - THE ILLINOIS MILITARY RULES OF EVIDENCE
Section 400.625 - Warnings About Rights
Universal Citation: 95 IL Admin Code ยง 400.625
Current through Register Vol. 48, No. 12, March 22, 2024
a) General. A statement obtained in violation of this Section is involuntary and shall be treated under Section 400.620.
b) Definitions. As used in this Section:
1) "Person Subject to the Code" means a
person acting as a knowing agent of a military unit or of a person subject to
the Code.
2) "Interrogation" means
any formal or informal questioning in which an incriminating response either is
sought or is a reasonable consequence of that questioning.
c) Warnings Concerning the Accusation, Right to Remain Silent, and Use of Statements. A person subject to the Code who is required to give warnings under Code Section 31 may not interrogate or request any statement from an accused or a person suspected of an offense without first:
1)
informing the accused or suspect
of the nature of the accusation;
2)
advising the accused or suspect
that the accused or suspect has the right to remain silent;
and
3)
advising the accused
or suspect that any statement made may be used as evidence against the accused
or suspect in a trial by court-martial. (Code Section 31(b))
d) Counsel Rights and Warnings
1) General. When evidence of a testimonial or
communicative nature within the meaning of the Fifth Amendment to the U.S.
Constitution either is sought or is a reasonable consequence of an
interrogation, an accused or a person suspected of an offense is entitled to
consult with counsel as provided in subsection (d)(2), to have counsel present
at the interrogation, and to be warned of these rights prior to the
interrogation if:
A) The interrogation is
conducted by a person subject to the Code who is required to give warnings
under Code Section 31 and the accused or suspect is in custody, could
reasonably believe himself or herself to be in custody, or is otherwise
deprived of his or her freedom of action in any significant way; or
B) The interrogation is conducted by a person
subject to the Code acting in a law enforcement capacity, or the agent of such
a person, the interrogation is conducted subsequent to the preferral of
charges, and the interrogation concerns the offenses or matters that were the
subject of the preferral of the charges.
2) Counsel. When a person entitled to counsel
under this subsection (d) requests counsel, a judge advocate or an individual
certified in accordance with Code Section 27(b) shall be provided by the State
at no expense to the person and without regard to the person's indigency or
lack of indigency before the interrogation may proceed. In addition to counsel
supplied by the State, the person may retain civilian counsel at no expense to
the State. Unless otherwise provided by regulations of the Adjutant General, an
accused or suspect does not have a right under this subsection (d) to have
military counsel of his or her own selection.
e) Presence of Counsel
1) Custodial Interrogation. Absent a valid
waiver of counsel under Section
400.610(b),
when an accused or person suspected of an offense is subjected to custodial
interrogation under circumstances described in subsection (d)(1)(A), and the
accused or suspect requests counsel, counsel must be present before any
subsequent custodial interrogation may proceed.
2) Post-Preferral Interrogation. Absent a
valid waiver of counsel under Section
400.610(b),
when an accused or person suspected of an offense is subjected to interrogation
under circumstances described in subsection (d)(1)(B), and the accused or
suspect either requests counsel or has an appointed or retained counsel,
counsel must be present before any subsequent interrogation concerning that
offense may proceed.
f) Exercise of Rights
1) The Privilege Against
Self-Incrimination. If a person chooses to exercise the privilege against
self-incrimination under this Section, questioning must cease
immediately.
2) The Right to
Counsel. If a person subjected to interrogation under the circumstances
described in subsection (d)(1) chooses to exercise the right to counsel,
questioning must cease until counsel is present. (Il. Mil. R. Evid.
305)
Disclaimer: These regulations may not be the most recent version. Illinois may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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