48-2602. Compulsory self-incrimination prohibited.
48-2602
48-2602. Compulsory self-incriminationprohibited.(a) No person subject to this code shall compel any person toincriminate himself or herself or to answer any question, the answer towhich may tend to incriminate the person.
(b) No person subject to this code may interrogate or request any statementfrom an accused or a person suspected of an offense without first informinghim or her of the nature of the accusation and advising him or her thathe or she does not have to make any statement regarding the offense of whichhe or she is accused or suspected, that any statement made by him or hermay be used as evidence against him or her in a trial by court-martial,that he or she has a right to consult with a lawyer, that he or she hasa right to have a lawyer present during questioning, that he or she hasa right to request a lawyer and that upon request one will be provided withoutcost or, if he or she prefers, he or she may retain counsel of his or herchoice at his or her own expense.
(c) No person subject to this code may compel any person to make astatement or produce evidence before any military tribunal if the statementor evidence is not material to the issue and may tend to degrade the person.
(d) No statement obtained from any person in violation of this section,or through the use of coercion, unlawful influence or unlawful inducementmay be received in evidence against the person in a trial by court-martial.
(e) The requirements of this section are binding on all personsadministering this code but failure to follow them does not divest amilitary court of jurisdiction.
History: L. 1972, ch. 203, § 48-2602; July 1.