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Utah Code Title 39A. National Guard and Militia Act § 39A-5-115. Individual charged--Limits on evidence obtained from other individuals

Current as of May 05, 2022 | Updated by FindLaw Staff

(1) An individual subject to this chapter may not:

(a) compel any individual to incriminate himself or herself or to answer any question, the answer to which may tend to incriminate the individual;

(b) interrogate, or request any statement from an accused or an individual suspected of an offense, without first:

(i) informing the individual of the nature of the accusation; and

(ii) advising the individual that a statement is not required regarding the offense of which the individual is accused or suspected, and that any statement may be used as evidence against the individual in a trial by military court; and

(c) compel any individual to make a statement or produce evidence before any military court, if the statement or evidence is not material to the issue before the court and may tend to degrade the individual.

(2) A statement obtained from any individual in violation of this section, or through the use of coercion, unlawful influence, or unlawful inducement may not be received in evidence against the individual in a trial by a military court.

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Cite this article: FindLaw.com - Utah Code Title 39A. National Guard and Militia Act § 39A-5-115. Individual charged--Limits on evidence obtained from other individuals - last updated May 05, 2022 | https://codes.findlaw.com/ut/title-39a-national-guard-and-militia-act/ut-code-sect-39a-5-115/

Read this complete Utah Code Title 39A. National Guard and Militia Act § 39A-5-115. Individual charged--Limits on evidence obtained from other individuals on Westlaw. Westlaw subscription required.

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