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Page Title: U.S. NAVY REGULATIONS
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THE UNITED STATES COAST GUARD (WHEN OPERATING AS A SERVICE  IN  THE  NAVY)

to ensure you correctly advise the accused of his or her rights before asking any questions. When you first meet the accused, fill in this page as your first order of business. You may serve as your own witness that you advised the accused of his or her rights by signing this form; no one else is required. Interrogate  the  Accused You may question the accused  ONLY IF HE OR SHE HAS KNOWINGLY AND INTELLI- GENTLY WAIVED HIS OR HER STATUTORY RIGHTS. If the accused makes the waiver, record it on the accused’s statement. If the accused asked you if he or she should waive his or her rights, decline  to  answer  or  give  advice.  You  are  only authorized  to  advise  the  accused  of  his  or  her rights.  Never  advise  the  accused  on  legal  matters. Let the accused obtain a lawyer if he or she so desires. After the accused waives his or her rights, begin  the  questioning  in  a  low-keyed  manner. Permit  the  accused  to  give  his  or  her  own  version of the incident. When the accused has finished presenting the facts, begin to probe with pointed questions. Confront the accused with incon- sistencies in the story or contradictions with other  evidence.  Remember,  a  confession  that  is not  voluntary  cannot  be  used  as  evidence. Any confession that is obtained by coercion, unlawful  influence,  or  unlawful  inducement  is  not voluntary. The following are some examples of coercion, unlawful  influence,  or  an  unlawful  inducement: · Infliction  of  bodily  harm,  including questioning  accompanied  by  deprivation of the necessities of life, such as food, sleep,  or  adequate  clothing · Threat  of  bodily  harm · Imposition or threats of confinement, or deprivation  of  privileges  or  necessities · Promises of immunity or clemency as to any offense committed by the accused · Promises  of  reward  or  benefit,  or  threats of  disadvantage  likely  to  induce  the  accused to  make  the  confession  or  statement If the accused desires to make a written state- ment,  make  sure  the  accused  has  acknowledged and  waived  all  of  his  or  her  rights.  You  may  help the  accused  draft  the  statement,  but  you  must  be careful  not  to  put  words  in  the  accused’s  mouth or trick the accused into saying something he or she does not intend to say. If you type the state- ment,  permit  the  accused  to  read  it  over  carefully and make any necessary changes. The accused should initial any changes, and you should witness them in writing. Oral  statements  are  admissible  into  evidence against  the  accused.  If  the  accused  does  not  wish to put his or her statements in writing, attach a certified summary of the interrogation to your report.  If  the  accused  makes  a  written  statement but omits some of the statements made orally, add a certified summary of items omitted from the accused’s  statement. U.S. NAVY REGULATIONS The 12 chapters of Navy  Regulations  (Navy Regs) describe  the  authority  and  responsibilities of  the  offices  within  the  Department  of  the  Navy. They  also  describe  the  regulations  concerning  the procedures,  authority,  and  command  of  those offices.  Navy  Regs  also  covers  honors  and ceremonies, the rights and responsibilities of persons in the Department of the Navy, and the purpose and force of these regulations. Each ship and station has complete copies of Navy  Regs  available  to  all  personnel.  Also available  is  an  excellent  nonresident  training course  entitled  Navy  Regulations,  NAVEDTRA 13082, which you are encouraged to complete. Your educational services officer (ESO) can help you order this course. The following sections list articles (with a condensation of their text, if appropriate) from United  States  Navy  Regulations,  1990  that  senior enlisted  personnel  in  the  Navy  should  know.  This listing serves only as a starting place for you to learn  about  Navy  regulations.  You  are  responsible for learning and obeying all regulations. These regulations are not punitive articles, but laws under which the Navy operates. Many exist for your own protection. Failure to obey any regulation  subjects  the  offender  to  charges  under article  92,  UCMJ  (Failure  to  obey  order  or regulation). When  the  article  itself  is  self-explanatory,  the article is presented in block quotation exactly as stated in Navy Regs;  no further explanation is given.  Articles  that  are  lengthy  and,  in  some  cases, difficult to interpret are paraphrased to give you a brief overview of the contents of the article. 2-8

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