The Military Rules of Evidence (MRE) are fundamental to the military justice system and create the framework for utilizing and understanding evidence under military law. They ensure that the evidence presented in courts-martial is reliable, relevant, and fair. This guide provides military members with a comprehensive overview of the MREs, including their history, how they are enacted, and an in-depth look at key rules that are critical to understanding the military legal process.
History of the Military Rules of Evidence
The Military Rules of Evidence were established to create a uniform standard for the admissibility of evidence in military courts-martial. Before their inception, military courts operated with varying degrees of adherence to civilian evidence rules, leading to inconsistencies and potential injustices. The Military Rules of Evidence are commonly abbreviated as “Mil. R. Evid.” or “MRE.”
The MREs were formally adopted on July 1, 1980, and were modeled closely after the Federal Rules of Evidence (FREs) used in federal court, which themselves have been verified by appellate courts and the United States Supreme Court. This alignment with the FREs was intended to promote fairness and uniformity in military trials. Over the years, the MREs have evolved to address the unique needs and challenges of the military environment, ensuring that they provide a framework for the adjudication of military justice.
Enactment of the Military Rules of Evidence
The MREs are promulgated by the President of the United States through executive order, under the authority granted by the Uniform Code of Military Justice (UCMJ). The rules are periodically reviewed and updated to reflect changes in legal standards, societal expectations, and military necessity. The process involves:
- Proposal and Drafting: Proposed revisions to the MREs can be initiated by various stakeholders, including military judges, legal scholars, and practitioners. These proposals, often based on case law or other changes in jurisprudence, are drafted into rule changes.
- Review and Public Comment: The draft changes undergo a thorough review by the Joint Service Committee on Military Justice (JSC), which includes representatives from all branches of the armed forces. The proposed changes are also subject to public comment, allowing for input from the legal community and the general public.
- Presidential Approval: After the review and comment period, the final draft is submitted to the President for approval. Once approved, the changes are officially incorporated into the MRE.
Whether you are in the Air Force, Army, Coast Guard, Marine Corps, Navy, or Space Force, a criminal trial convened at your installation will follow the Military Rules of Evidence.
Key Series and Critical Rules of the MRE
The MREs are organized into several series, each covering different aspects of such evidence. Here, we highlight the most critical series and rules within the MREs that are essential for understanding military justice.
Series 100 – General Provisions
This series outlines the scope and purpose of the MREs, setting the foundational principles for their application.
Series 200 – Judicial Notice
This series addresses the ability of military judges to recognize certain facts without requiring formal evidence.
Series 300 – Presumptions in General in Civil Actions and Proceedings
These rules establish various presumptions that can be applied in military trials, similar to those in civilian courts.
Series 400 – Relevancy and Its Limits
Relevancy is a cornerstone of evidence law, determining what evidence can be considered by the court. Within this series, several rules stand out as particularly critical.
Military Rule of Evidence 401 – Definition of Relevant Evidence
MRE 401 defines relevant evidence as any evidence that makes a fact more or less probable than it would be without that evidence. This rule establishes a broad criterion for relevance, ensuring that nearly all evidence that can logically influence the outcome of the case is considered. The relevance of evidence is crucial because it serves as the first filter for determining admissibility. Without establishing relevance, evidence cannot proceed to other stages of scrutiny. However, relevance alone does not guarantee that the evidence will be admitted; it must also pass through additional checks under other rules, such as MRE 403.
Military Rule of Evidence 403 – Excluding Relevant Evidence for Prejudice, Confusion, Waste of Time, or Other Reasons
MRE 403 provides a mechanism to exclude relevant evidence if its probative value is substantially outweighed by the risk of causing unfair prejudice, confusing the issues, misleading the members (jury), or causing undue delay or waste of time. This rule balances the need for relevant information with the need to ensure that the trial is fair and efficient. For instance, graphic photographs of a crime scene might be relevant, but if they are excessively gruesome, they could unfairly sway the jury’s emotions and thus be excluded under MRE 403.
Military Rule of Evidence 412 – Sex Offense Cases; Relevance of Alleged Victim’s Sexual Behavior or Predisposition
Commonly known as the “Rape Shield Law,” MRE 412 restricts the admissibility of evidence concerning the sexual behavior or predisposition of an alleged victim in sex offense cases. The rule is designed to protect victims from invasive and irrelevant inquiries into their sexual history, which could arguably deter them from reporting offenses to law enforcement or participating in criminal investigations. Evidence of a victim’s past sexual behavior is generally inadmissible unless it meets specific exceptions, such as proving the source of DNA or injury, or if exclusion would violate the constitutional rights of the accused.
Series 500 – Privileges
This series covers various privileges that protect certain communications from being disclosed in court, including the privileges of an attorney-client relationship. However, the most critical privilege in court-martial practice is codified in MRE 513.
Military Rule of Evidence 513 – Psychotherapist-Patient Privilege
MRE 513 establishes the psychotherapist-patient privilege, which protects confidential communications between a patient and a psychotherapist. This rule encourages service members to seek mental health treatment without fear that their disclosures will be used against them in court. However, there are exceptions to this privilege, such as when the patient’s mental health condition is an element of a claim or defense, in cases where the therapist believes the patient poses a threat to themselves or others, or when the privilege holder (patient) has engaged in such behavior constituting waiver of the privilege.
Series 600 – Witnesses
This series outlines the rules governing the admissibility and examination of witnesses, including the use of character evidence.
Military Rule of Evidence 608 – A Witness’s Character for Truthfulness or Untruthfulness
MRE 608 addresses the admissibility of evidence related to a witness’s character for truthfulness or untruthfulness. Under this rule, evidence of a witness’s character for truthfulness can only be introduced if the character for truthfulness has been attacked. Conversely, evidence of untruthfulness can be introduced to impeach a witness’s credibility.
More specifically, MRE 608(c) allows the introduction of evidence to show a witness’s bias, prejudice, or motive to misrepresent. This type of evidence is crucial for evaluating the credibility of a witness. It helps the fact-finder understand any potential ulterior motives that might influence a witness’s testimony. For example, if a witness has a personal grudge against the accused, evidence of this bias can be presented to question the reliability of their testimony.
Series 700 – Opinions and Expert Testimony
These rules govern the admissibility of opinion testimony and the qualifications of expert witnesses.
Series 800 – Hearsay
Hearsay is a complex and often misunderstood area of evidence law. Generally, hearsay is an out-of-court statement offered to prove the truth of the matter asserted and is inadmissible unless an exception applies.
Military Rule of Evidence 801 – Definitions That Apply to This Article; Exclusions from Hearsay
MRE 801 defines hearsay and outlines what constitutes a hearsay statement. Generally, hearsay is an out-of-court statement offered to prove the truth of the matter asserted and is inadmissible unless an exception applies. The rule also specifies certain statements that are not considered hearsay, such as admissions by a party-opponent and prior statements by witnesses that are consistent with their testimony and are offered to rebut charges of recent fabrication.
Military Rule of Evidence 802 – The Rule Against Hearsay
MRE 802 establishes the general rule that hearsay is inadmissible unless an exception applies. This rule reflects the concern that out-of-court statements are not subject to cross-examination and thus may be unreliable.
Military Rule of Evidence 803 – Exceptions to the Rule Against Hearsay Regardless of Whether the Declarant Is Available as a Witness
MRE 803 provides several exceptions to the hearsay rule, including:
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- Present Sense Impression: This exception allows statements made during or immediately after perceiving an event or condition to be admitted. The immediacy of the statement lends it reliability, as there is little time for reflection or fabrication.
- Excited Utterance: Statements relating to a startling event or condition made while the declarant was under the stress of excitement caused by the event or condition are admissible under this exception. The stress of the moment is believed to limit the likelihood of deliberate misrepresentation.
- Then-Existing Mental, Emotional, or Physical Condition: Statements about the declarant’s own then-existing state of mind, emotion, sensation, or physical condition, such as intent, plan, motive, design, mental feeling, pain, or bodily health, are admissible. These statements provide insight into the declarant’s state at the time they were made.
- Statements for Medical Diagnosis or Treatment: Statements made for the purpose of medical diagnosis or treatment describing medical history, symptoms, or the cause of symptoms are admissible. The rationale is that individuals are likely to be truthful when seeking medical assistance.
- Recorded Recollection: If a witness cannot recall a matter well enough to testify fully and accurately, a record that the witness once knew about and made or adopted when the matter was fresh in their memory can be read into evidence. This exception ensures that accurate and contemporaneous records are utilized when a witness’s memory has faded.
These exceptions to the hearsay rule under MRE 803 are designed to admit statements that are deemed reliable due to the circumstances under which they were made, thereby ensuring that the evidence presented in court is both relevant and trustworthy.
Military Rule of Evidence 804 – Exceptions to the Rule Against Hearsay When the Declarant Is Unavailable as a Witness
MRE 804 outlines hearsay exceptions applicable when the declarant is unavailable to testify. These include:
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- Former Testimony: Testimony given as a witness at another hearing or in a deposition if the party against whom the testimony is now offered had an opportunity and similar motive to develop the testimony.
- Statement Under Belief of Imminent Death: A statement made by a declarant believing their death to be imminent, concerning the cause or circumstances of what they believed to be their impending death.
Series 900 – Authentication and Identification
These rules govern the requirements for authenticating and identifying evidence to ensure it is what it purports to be.
Series 1000 – Contents of Writings, Recordings, and Photographs
This series addresses the admissibility of writings, recordings, and photographs, ensuring that they are accurate representations of the original.
To Sum Things Up
The Military Rules of Evidence provide a comprehensive framework for the admissibility of evidence in military trials, ensuring that proceedings are conducted fairly and justly. Understanding these rules is crucial for service members, trial counsel, defense counsel, and anyone involved in the military justice system. Key rules, such as those governing relevance, hearsay, and privileges, play a significant role in shaping the outcome of military trials.
Talk to an Attorney
For those facing military legal issues, navigating the complexities of the MREs can be challenging. If you need assistance or have questions about your specific case, don’t hesitate to schedule a free initial consultation with The Military Defense Firm.
Our experienced attorneys are here to help you understand your rights and provide the best possible defense. Contact us today to get started.
