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Where should the investigating officer record that rights have been given to the Soldier?

User Pdfj
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Final answer:

An investigating officer should record that rights have been given to a Soldier in a warnings and waivers form and may also annotate this information in an investigation report or the Soldier's personnel Record of Promotions, reductions, transfers, casualties, etc.

Step-by-step explanation:

In the context of the military, an investigating officer should record that rights have been given to a Soldier in accordance with the rules that govern military investigations. According to the Uniform Code of Military Justice (UCMJ), any person subject to this code who interrogates or requests any statement from an accused or a person suspected of an offense must first inform the suspect or accused of the nature of the accusation and advise them that they do not have to make any statement regarding the offense of which they are accused or suspected and that any statement made may be used as evidence against them in a trial by court-martial. This right is colloquially known as Miranda rights, following the U.S. Supreme Court's decision in Miranda v. Arizona, and it is fundamental for ensuring that the Fifth Amendment's protection against self-incrimination is upheld.

The details of the reading and acknowledgment of these rights are typically recorded in a warnings and waivers form, which is an official document where the Soldier indicates whether they understand their rights and whether they choose to waive them. Additionally, the officer may make annotations in an investigation report or in the Soldier's personnel file, which could be the Record of Promotions, reductions, transfers, casualties, etc.

User Chatur
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