Kentucky Statutes 35.155 – Compulsory self-incrimination prohibited
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(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.
(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 that person of the nature of the accusation and advising that 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.
(3) No person subject to this code may compel any person to make a statement or produce evidence before any military court if the statement or evidence is not material to the issue and may tend to degrade the person.
(4) 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.
Effective: June 25, 2013
History: Amended 2013 Ky. Acts ch. 32, sec. 32, effective June 25, 2013. — Amended
1970 Ky. Acts ch. 56, sec. 20. — Created 1954 Ky. Acts ch. 99, sec. 30, effective July
1, 1954.
(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 that person of the nature of the accusation and advising that 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.
Terms Used In Kentucky Statutes 35.155
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Code: means this chapter. See Kentucky Statutes 35.010
- 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 or a court of inquiry. See Kentucky Statutes 35.010
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(3) No person subject to this code may compel any person to make a statement or produce evidence before any military court if the statement or evidence is not material to the issue and may tend to degrade the person.
(4) 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.
Effective: June 25, 2013
History: Amended 2013 Ky. Acts ch. 32, sec. 32, effective June 25, 2013. — Amended
1970 Ky. Acts ch. 56, sec. 20. — Created 1954 Ky. Acts ch. 99, sec. 30, effective July
1, 1954.