2005 Idaho Code - 46-1119 — COMPULSORY SELF-INCRIMINATION PROHIBITED

                                  TITLE  46
                         MILITIA AND MILITARY AFFAIRS
                                  CHAPTER 11
                           CODE OF MILITARY JUSTICE
    46-1119.  COMPULSORY SELF-INCRIMINATION PROHIBITED. (1) No person subject
to this code may compel any person to incriminate himself or to answer any
question the answer to which may tend to incriminate him.
    (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
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, that he has a right to consult with a lawyer,
that he has a right to have a lawyer present during questioning, that he has a
right to request a lawyer and that upon his request one will be provided him
without cost or, if he prefers, that he may retain counsel of his choice at
his own expense.
    (3)  No person subject to this code may compel any person to make a
statement or produce evidence before any court-martial if the statement or
evidence is not material to the issue and may tend to incriminate him.
    (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 in a trial by court-martial.
    (5)  The requirements of this section are binding on all persons
administering this code, but failure to follow them does not divest a military
court of jurisdiction.