(a) A member of the militia may not compel a person to make a self-incriminating statement or to answer a question if the answer may incriminate the person.
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Terms Used In Alaska Statutes 26.05.495

  • 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 court: means a court-martial. See Alaska Statutes 26.05.990
  • person: includes a corporation, company, partnership, firm, association, organization, business trust, or society, as well as a natural person. See Alaska Statutes 01.10.060
  • 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 member of the militia may not interrogate or request a statement from a person suspected of an offense under this chapter 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) A member of the militia may not compel a person to make a statement or produce evidence before a military court if the statement or evidence is not material to the issue before the court and may tend to degrade the person.
(d) A statement obtained from a person in violation of this section or through the use of coercion, unlawful influence, or unlawful inducement may not be admitted into evidence against the person in a trial by court-martial.
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