A. A person subject to this chapter shall not compel any person to incriminate himself or to answer any question if the answer would tend to incriminate him.

Terms Used In Arizona Laws 26-1031

  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Code: means the Arizona code of military justice as set forth in this chapter. See Arizona Laws 26-1001
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Military: means any or all of the armed forces of this state, the United States or any other state. See Arizona Laws 26-1001
  • Person: includes a corporation, company, partnership, firm, association or society, as well as a natural person. See Arizona Laws 1-215
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.

B. A person subject to this code shall not interrogate, or request any statement from an accused or a person suspected of an offense, without first informing him of the nature of the accusation and advising him that he does not have to make any statement regarding the offense of which he is accused or suspected and that any statement made by him may be used as evidence against him in a trial by court-martial.

C. A person subject to this chapter shall not 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 him.

D. A statement obtained from any person in violation of this section, or through the use of coercion, unlawful influence or unlawful inducement, shall not be received in evidence against him in a trial by court-martial.

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