32.1031 Self-incrimination; interrogation of accused or suspect; compelling statement or evidence not material to issue and tending to degrade person; statements obtained
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32.1031 Self-incrimination; interrogation of accused or suspect; compelling statement or evidence not material to issue and tending to degrade person; statements obtained from person not to be received in evidence; persons bound by requirements of section; duties of interrogator.
Sec. 31.
(1)A person subject to this code shall not compel another person to incriminate himself or herself or to answer any question the answer to which may tend to incriminate the person.
(2)A person subject to this code may not 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 the person that he or she does not have to make any statement regarding the offense of which the person is accused or suspected, that any statement made by the person may be used as evidence against the person in a trial, military or civil, that the person has a right to consult with a lawyer, that the person has a right to have a lawyer present during questioning, that the person has a right to request a lawyer and that upon request a lawyer will be provided without cost, or, if the person prefers, that the person may retain counsel of the person's choice at the person's own expense.
(3)A person subject to this code shall not compel another person to make a statement or produce evidence before a military court if the statement or evidence is not material to the issue and may tend to degrade the person.
(4)A statement obtained from a person in violation of this section, or through the use of coercion, unlawful influence, or unlawful inducement shall not be received in evidence against the person in a trial by court-martial.
(5)The requirements of this section are binding on all persons administering this code but failure to follow them does not divest a military court of jurisdiction.
(6)A person shall not interrogate or request a statement from another person subject to this code, regarding an offense of which the latter is accused or suspected until the interrogator does all of the following:
(a)Reads subsections
(1)to
(4)to the accused or suspect.
(b)Explains the provisions of subsections
(1)to
(4)to the person, including all of the following:
(i)The nature of the accusation.
(ii)That the accused or suspect does not have to make any statement regarding the offense.
(iii)That any statement made by the accused or suspect may be used against the person in a trial, military or civil.
(c)Explains to the accused or suspect that the accused or suspect has the right to consult with a lawyer before any questioning and that the lawyer may be a civilian lawyer of the person's choice retained at the person's own expense or may be a military lawyer appointed to act without cost to the person.
(d)Explains that the accused or suspect has a right to have a civilian or appointed military lawyer present during the interview.
History: 1980, Act 523, Eff. Mar. 31, 1981