How to Meet the Military Rules of Evidence

The Military Rules of Evidence outline what can and cannot be used in a court martial proceeding. There is some overlap with the Federal Rules that are used in civilian courts, but you must meet a few special requirements when defending or prosecuting in a military tribunal.

Instructions

Difficulty: Moderate

Things You’ll Need:

• Basic legal vocabulary and understanding
• Copy of the Military Rules of Evidence

1. Prepare for queries that bring your character into question if it is pertinent to the offense. As part of your defense, you may call witnesses to testify that you demonstrate the opposite characteristics. For example, if you are accused of theft, you may ask fellow officers to testify about your honesty and trustworthiness.
2. Learn that other crimes cannot be used against you to prove that your current act conforms with previous behavior. Other charges can, however, be used to explain motive, intent or preparation of the new charges. Note that in cases of sexual assault or child molestation, any similar charges can be used as evidence in a military court.
3. Examine a witness's credibility and character within the guidelines of the Military Rules of Evidence. For example, showing that a fellow officer abused his power or is biased against you are both acceptable defenses.
4. Use evidence that is no older than 10 years old. Except in special cases, such as those appealed on the behalf of a deceased person, you must obtain written permission from the military court before using any evidence that is past this age.
5. Read how the type of court martial limits the sentence that can be handed down upon you. For example, in summary proceedings, you cannot be dishonorably discharged from service. Also, the maximum sentences are much more severe in general court martial than in special cases.
6. Ask your Judge Advocate General for a copy of the Rules of Evidence. Meet with him to discuss any questions you have about what is allowed in court before you begin your trial. Stay up to date on any changes because the Rules change to allow for updates from case law.

Tips & Warnings

• You must meet the Military Rules of Evidence in all cases, regardless of their geographic location.
• Many rules, including those that deal with hearsay, are the same in military law as they are in federal courts.
• Affidavits are permitted in your defense only if you use them to establish your character.
• You cannot use evidence of a victim's past sexual behavior or orientation to define his character traits.