§ 38.38.312. Compulsory self-incrimination prohibited
(1) No person subject to this code may compel persons to incriminate themselves or to answer any question the answer to which may tend to incriminate them.
(2) No person subject to this code may interrogate, or request any statement from, an accused or a person suspected of an offense without first informing the person of the nature of the accusation and advising that the person does not have to make any statement regarding the offense of which he or she is accused or suspected and that any statement made by the person may be used as evidence against him or her in a trial by court-martial.
(3) No person subject to this code 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 the person.
(4) No statement obtained from any person in violation of this section, or through the use of coercion, unlawful influence, or unlawful inducement may be received in evidence against the person in a trial by court-martial.
[1989 c 48 § 30; 1963 c 220 § 33.]
Sections: Previous 38.38.248 38.38.252 38.38.256 38.38.260 38.38.264 38.38.268 38.38.308 38.38.312 38.38.316 38.38.320 38.38.324 38.38.328 38.38.368 38.38.372 38.38.376 NextLast modified: April 7, 2009