Nevada Revised Statutes 412.346 – Compulsory self-incrimination and immaterial, degrading, coerced or unlawfully obtained evidence prohibited; accused must be informed of his or her rights
1. No person subject to this Code may compel any person to incriminate himself or herself or to answer any question the answer to which may tend to incriminate him or her.
Terms Used In Nevada Revised Statutes 412.346
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- 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.
- person: means a natural person, any form of business or social organization and any other nongovernmental legal entity including, but not limited to, a corporation, partnership, association, trust or unincorporated organization. See Nevada Revised Statutes 0.039
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
2. No person subject to this Code may interrogate, or request any statement from, an accused or a person suspected of an offense without first:
(a) Informing him or her of the nature of the accusation;
(b) 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; and
(c) Advising him or her that he or she has a right to consult with a lawyer, that he or she has a right to have a lawyer present during questioning, that he or she has a right to be represented by a lawyer and that upon his or her request, one will be provided him or her without cost, or, if he or she prefers, he or she may retain counsel of his or her choice, at his or her own expense.
3. No person subject to this Code may 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 or her.
4. No statement obtained from any person in violation of this section, or through the use of coercion, unlawful influence or unlawful inducement may be received in evidence against him or her in a trial by court-martial.