When must a Master-at-Arms inform a suspect of Article 31(b) rights?

• A. Before custodial interrogation, in language the suspect understands, rights to remain silent, that anything you say may be used as evidence, right to consult with a lawyer and to have one with you during questioning, and right to have a lawyer appointed if you cannot afford one.
• B. Only after the suspect confesses.
• C. At arraignment.
• D. Only if the suspect requests a lawyer.

Answer: (A)

Before any custodial questioning, a suspect must be advised of Article 31(b) rights in a language they understand. This warning includes the right to remain silent, that anything said can be used as evidence, the right to consult with a lawyer and to have one with them during questioning, and the right to have a lawyer appointed if they cannot afford one. Providing these rights up front protects the suspect’s ability to make an informed choice about speaking and ensures any statements are voluntary rather than coerced.

This is not something that happens after a confession, at arraignment, or only if the suspect asks for a lawyer. Those rights must be communicated before questioning begins, and if the suspect invokes the right to counsel or the right to remain silent, questioning must stop until counsel is available or the suspect reinitiates.