NCJ Number
58943
Date Published
1978
Length
446 pages
Annotation
THE SUBSTANTATIVE AND PROCEDURAL RULES OF EVIDENCE ARE SET FORTH IN THIS TEXT AND STUDY GUIDE FROM THE NAVAL JUSTICE SCHOOL.
Abstract
THE LAW OF EVIDENCE DELINEATES THE RULES AND STANDARDS WHICH REGULATE THE ADMISSION OF PROOF AT TRIAL. SOURCES OF THE LAW OF EVIDENCE IN MILITARY PRACTICE INCLUDE THE U.S. CONSTITUTION WHICH PERMITS THE CONGRESS TO MAKE RULES FOR THE GOVERNMENT AND REGULATIONS FOR THE ARMED FORCES, AND THE UNIFORM CODE OF MILITARY JUSTICE (UCMJ) WHICH DESCRIBES THE PROCEDURES FOR COURTS-MARTIAL. THE MANUAL FOR COURTS-MARITAL ALSO SETS FORTH RULES IN THE AREAS OF RESPONSIBILITY DELEGATED TO THE PRESIDENT. THE PROMULGATED RULES OF EVIDENCE ARE APPLIED IN DECISIONS ON THE ADMISSIBILITY OF REAL AND DOCUMENTARY EVIDENCE AND IN THE PRESENTATION OF DIRECT AND CIRCUMSTANTIAL EVIDENCE. THE REQUIREMENTS OF ADMISSIBLE EVIDENCE, AUTHENTICITY, AND RELEVANCY ARE PRESENTED IN THE TEXT, WITH DISCUSSION OF THE 'ULTIMATE ISSUE' IN A COURT-MARTIAL, COLLATERAL ISSUES, AND PRETRIAL PREPARATION. WITNESSES, CHARACTER EVIDENCE, AND STIPULATIONS ARE TOPICS OF FURTHER ANALYSIS. PRACTICAL EXERCISES RELATE TO THE SUBJECTS OF DIRECT EXAMINATION OF A WITNESS AND JUDICIAL RULINGS. TOPICS OF DISCOVERY AND GRANTS OF IMMUNITY ARE ALSO ADDRESSED. CASE LAW CITATIONS AND A CHART OF THE COMMANDING OFFICER'S AUTHORITY TO ORDER SEARCHES ARE PROVIDED. (TWK)