Which Type of Evidence Is Not Admissible in Military Rules of Evidence?

Just like civilian courts, the military justice system follows a specific set of guidelines. These are called the Military Rules of Evidence (MRE) and are essential for ensuring fair proceedings and protecting the rights of service members. The MRE has evidentiary standards, so which type of evidence is not admissible in military rules of evidence?

The MRE was first put into law in 1980 and has 11 sections spanning over 50 pages. Understanding these exclusions is important for service members, legal practitioners, and anyone else who will be experiencing the military justice system.

Privileged Communications: The Psychotherapist-Patient Privilege (MRE 513)

One of the most significant types of evidence that is not admissible under the MRE is confidential communication between a service member and their psychotherapist, as outlined in section 513.

Under 513, a patient has the right to refuse to disclose and to prevent others from disclosing confidential communications made to diagnose or treat a mental or emotional condition. It is important to keep in mind that this is not an absolute privilege. A military judge may authorize a private judicial review of the records if it can be shown that:

• There is a specific, credible factual basis for believing the records contain admissible evidence,
• the evidence is not otherwise available,
• the evidence is relevant and necessary, or
• the disclosure would serve the interests of justice.

Character Evidence to Prove Conduct (MRE 404)

Another category of inadmissible evidence is character evidence offered to prove that a person acted in accordance with that character on a particular occasion, as outlined in MRE 404. An example of this would be that the prosecution can’t introduce evidence that a service member has a “violent” character to prove they committed an assault.

An exception may be that the defense introduced evidence of the accused’s good character, which means the prosecution may rebut that. Also, character evidence may be admissible for other purposes, like showing the motives, intent, plans, or absence of mistake.

However, as a general rule, character evidence used solely to show conformity of behavior is inadmissible.

Evidence Excluded for Unfair Prejudice (MRE 403)

Even if the evidence is relevant, it may still be excluded under MRE 403. If the value of proof is substantially less important than the danger of causing unreasonable prejudice, distracting from the issues, misleading the jury members, causing a delay, or presenting evidence needlessly that has already been adequately covered, it may be inadmissible. This rule allows military judges to have the discretion to exclude inflammatory or emotionally charged evidence that might distract from the facts.

Evidence Obtained in Violation of Constitutional Rights (MRE 311)

Evidence obtained through unlawful searches or seizures is generally inadmissible under MRE 311. This section incorporates the civilian Fourth Amendment protections into military law. If evidence is obtained without proper authorization (such as a search warrant or command authorization), it may be suppressed.

Compelled Self-Incrimination (MRE 304)

Under MRE 304, any statement obtained from the accused through coercion, unlawful inducement, or without proper advisement of rights is inadmissible. This rule is similar to the civilian Fifth Amendment right against self-incrimination.

For example, if a service member is interrogated without being informed of their Article 31 rights, any resulting confession may be excluded from evidence.

Hearsay (MRE 802)

Just like in civilian courts, hearsay is generally inadmissible in military trials unless it falls under a recognized exception. Hearsay is defined as an out-of-court statement that is offered to prove the truth of an asserted matter and is considered unreliable. The following situations are some of the most common exceptions under MRE 803 and are not considered hearsay:

• Present sense impression: A statement describing an event or condition as it is happening or immediately after it happened. For example, someone states that a car is on fire while seeing a car engulfed in flames.
• Excited utterance: A statement made about a surprising event while the person is still under the stress or excitement of that event.
• The existing mental, emotional, or physical condition: A statement about a person’s current state of mind, emotions, sensations, or physical health.
• Statement made for medical diagnosis or treatment: A statement made to a doctor or other medical professional that is relevant to getting medical help. This includes medical history, symptoms, or the cause of your injury.
• Recorded recollection: A record that a witness made when they remembered something clearly, but now they can’t remember it well enough to testify accurately.

FAQs

Q: What Makes Evidence “Inadmissible” in a Court-Martial?

A: Evidence in a court-martial can be inadmissible if it violates the Military Rules of Evidence. The most common reasons that evidence may be excluded are that it is irrelevant, was an out-of-court statement, could potentially cause unfair prejudice, was obtained through an illegal search or seizure, or is character evidence.

Q: What Happens if Inadmissible Evidence Is Accidentally Presented in Court?

A: If inadmissible evidence is presented in court, your lawyer should object immediately. If the objection is sustained, the military judge will instruct the jury members to disregard the evidence. If the inadmissible evidence is highly prejudicial and the damage of the statement cannot easily be erased, the judge may call a mistrial.

Q: How Can My Lawyer Challenge the Admissibility of Evidence?

A: Your lawyer can challenge the evidence throughout the legal process. It can be done through pre-trial motions, such as filing to suppress or exclude evidence before the trial even begins. They could object when the prosecution attempts to introduce the evidence during the trial or cross-examination by highlighting inconsistencies or weaknesses in the evidence or witness testimony.

Q: Can Relevant Evidence Still be Inadmissible?

A: Yes. MRE 403 allows relevant evidence to be excluded if its value causes the danger of introducing prejudice that is unfair, if it may confuse the issues, mislead the jury, cause unnecessary delays, or present evidence that has already been presented without any new insights.

You Need an Exceptional and Effective Military Attorney on Your Side

In 2023, California reportedly had 161,052 troops. If you are one of those numbers and you need legal support in navigating the military justice system, don’t hesitate to reach out to Aaron Meyer Law so we can begin evaluating your case. The stakes are high, and the rules are nuanced. But with an effective military attorney on your side, you can protect your rights and future.