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