39A-5-115. Individual charged — Limits on evidence obtained from other individuals.
| (1) |
An individual subject to this chapter may not:
Terms Used In Utah Code 39A-5-115- 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.
- Military: means any or all of the armed forces of the United States. See Utah Code 39A-5-102
- Military court: means a court-martial, a court of inquiry, or a provost court. See Utah Code 39A-5-102
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
| (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. |
Renumbered and Amended by Chapter 373, 2022 General Session
