As with all challenges, the guidelines posted under Challenge #1 apply. If you're new to the wonderful world of Special Ops Challenges, please take a moment to flip back a page and check 'em out. Thanks.
Last Edit: Jul 26, 2004 8:35:54 GMT -5 by Gibbsgirl
Your challenge creators apologize, we've had a weird couple of weeks and we've come up with these on the spur of the moment. But we're looking forward to seeing some interesting stories from the writers!
I'm posting this because I figured there might be more than one of us who could use the info.
Article 31 provides servicemembers with a broad protection against being compelled to incriminate themselves. The text of Article 31 provides as follows:
a. No person subject to this chapter may compel any person to incriminate himself or to answer any questions the answer to which may tend to incriminate him.
b. No person subject to this chapter may interrogate or request any statement from an accused or a person suspected of an offense without first informing him of the nature of the accusation and advising him that he does not have to make any statement regarding the offense of which he is accused or suspected, and that any statement made by him may be used as evidence against him in a trial by court-martial.
c. No person subject to this chapter may compel any person to make a statement or produce evidence before any military tribunal if the statement or evidence is not material to the issue and may tend to degrade him.
d. No statement obtained from any person in violation of this article, or through the use of coercion, unlawful influence, or unlawful inducement, may be received in evidence against him in a trial by court-martial.
The concern of Congress in enacting Article 31 was the interplay of interrogations with the military relationship. Specifically, because of the effect of superior rank or official position, the mere asking of a question under certain circumstances could be construed as the equivalent of a command. Consequently, to ensure that the privilege against self-incrimination was not undermined, Article 31 requires that a suspect be advised of specific rights before questioning can proceed.
Basically, all military personnel, when acting for the military, must operate within the framework of the UCMJ. Thus, when military personnel act as investigators or interrogators, they must warn a suspect under Article 31(b) prior to conducting an interview of the suspect.
The warning requirement similarly applies to informal counseling situations conducted in an official capacity. Statements obtained from an accused or suspect would not be admitted in a subsequent court-martial unless the "counselor" complied with Article 31. United States v. Seay, 1 M.J. 201 (C.M.A. 1975).
On the other hand, when military personnel are acting in a purely private capacity, no warning is required. For example, where Seaman Spano questions Seaman Yuckel about Spano's missing radio, no warning is required, assuming Spano's primary purpose is to regain his property. Yuckel's admission that he stole the radio will be admissible at trial, provided Spano did not force or coerce the statement.
When and who must warn, particularly in unofficial interrogations, has led to considerable confusion in the judicial system. The Court of Military Appeals clarified this area in United States v. Duga, 10 M.J. 206 (C.M.A. 1981). In Duga, the court held that the Article 31(b) warnings are required if:
a. The questioner was acting in an official instead of a private capacity; and
b. the person being questioned perceived that the inquiry involved more than a casual conversation.
In United States v. Good, 32 M.J. 105 (C.M.A. 1991), the Court provided a legal analysis to be used in determining whether rights warnings are required. The Court built on the Loukas officiality test by stating: "[w]hen the questioning is done by a military supervisor in the suspect's chain of command, the government must rebut a strong presumption that the questioning was done for disciplinary purposes."
unresolved sexual tension =UST You know, the kind of fiction where the air is so charged things could start going kaboom. Sparks are in the air.... The best kind imo, seconded only by NC17. ;D I think it can be reduced to: do you like the air before the storm (where the storm keeps being delayed) or the storm itself. I can't decide.
ABBY: "Tony, you're like a piercing; it takes a while for the throbbing to stop and the skin to grow back."
It's time for Challenge #12 (okay, past time, sorry!)
This is a one time only offer... the Challenge Duo came up with the lines, but can't decide which way 'round is better. The writers will come up with completely different stories depending on which way you choose to use them and either way, I expect they will be hilarious. So...
Line 1 "We found her lying face down on the bed." and Line 2 "Gimme all the chocolate or you're a dead man."
Your Challenge this week is to pick either line for the opener, but it must be the opener and the other as the closer. Writers, start your keyboards!
Ah, yes... Another two weeks have passed, so it must be Challenge time again! Challenge #14 is up and the Challenge Duo has a good one for you this time!
Opening Line The car swerved dangerously near the edge of the cliff.
Closing Line "I have the blood test results."
Now, since we have so many new members, I'm going to take this opportunity to remind all of our Challenge participants that your fics must be a minimum of 500 words in length. There is no maximum; I should know, I'm the one that's stretched the limit!
Also you are asked to follow the guidelines set up for all fics: Please see the thread entitled Posting Guidelines. If you have any questions regarding specifics, feel free to post it there or PM myself or any of the mods. We'll get you pointed in the right direction.
Also, it's never too late to post for a challenge, so if a previous challenge strikes your fancy, go for it! Just be sure to post your response in the appropriate thread.
Now, warm up those fingers, grab some coffee or your beverage of choice and chain the muses to the desks. You have challenge pieces to write!! The Challenge Duo wishes you much luck and awaits your creative efforts. ;D