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December 26, 2024 Clear | 24°F
The 193rd General Court of the Commonwealth of Massachusetts

Section 31: Compulsory self-incrimination prohibited

Article 31. Compulsory self-incrimination prohibited.

(a) A person subject to this code shall not compel a person to incriminate himself or herself or to answer a question the answer to which may tend to incriminate that person.

(b) A person subject to this code shall not interrogate or request a 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.

(c) A person subject to this code shall 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 and may tend to degrade the person.

(d) No statement obtained from a person in violation of this article or through the use of coercion, unlawful influence or unlawful inducement may be received in evidence against the person in a trial by court-martial.