TITLE 38
MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS
ARTICLE 5
CODE OF MILITARY JUSTICE
38-2-1031. Compulsory self-incrimination prohibited.
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No person subject to this article shall compel any person to incriminate himself or herself or to answer any question the answer to which may tend to incriminate him or her.
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No person subject to this article shall interrogate or request any statement from an accused or a person suspected of an offense without first informing him or her of the nature of the accusation and advising him or her that he or she 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 him or her may be used as evidence against him or her in a trial by court-martial.
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No person subject to this article shall compel any person to make a statement or produce evidence before any military court if the statement or evidence is not material to the issue and may tend to degrade him or her.
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No statement obtained from any person in violation of this article or through the use of coercion, unlawful influence, or unlawful inducement shall be received in evidence against him or her in a trial by court-martial.
(Code 1981, §38-2-1031, enacted by Ga. L. 2015, p. 753, § 1/HB 98.)
Cross references.
- Rights of accused, U.S. Const., amend. 5 and Ga. Const., 1983, Art. I, Sec. I, Para. XVI.
U.S. Code.
- For similar provision in Uniform Code of Military Justice, see 10 U.S.C.
§
831.
RESEARCH REFERENCES
Am. Jur. 2d.
- 53A Am. Jur. 2d, Military and Civil Defense,
§
185.
ALR.
- Coercive conduct by private person as affecting admissibility of confession under state statutes or constitutional provisions - post-Connelly cases, 48 A.L.R.5th 555.
