HRS §124B-53
No forced self-incrimination
This section protects people under military law from being forced to testify against themselves. It also requires that anyone questioned about a suspected crime be told the accusation and their right to stay silent. Statements obtained by force or illegal pressure cannot be used in court-martial.
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The statute, as written — Compulsory self-incrimination prohibited
(a) No person subject to this chapter shall compel any person to incriminate the person's self or to answer any question the answer to which may tend to incriminate the person. (b) No person subject to this chapter shall interrogate or request any statement from an accused or a person suspected of an offense without first informing the person of the nature of the accusation and advising the person that the person does not have to make any statement regarding the offense of which the person is accused or suspected and that any statement made by the person may be used as evidence against the person in a trial by court-martial. (c) No person subject to this chapter shall 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 the person. (d) No statement obtained from any person in violation of this section, or through the use of coercion, unlawful influence, or unlawful inducement shall be received in evidence against the person in a trial by court-martial.
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