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Military Rules of Evidence Manual

Author(s): Stephen A. Saltzburg (Author), David A. Schlueter (Author), Victor M. Hansen (Author), Denise R. Lind (Author)

Publisher: LexisNexis

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Print Book: 2 volumes, hardbound 10th Edition $ 401.00	In Stock ISBN: 9798341711815
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Product Description

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The purpose of this book is to offer assistance not only to military lawyers and judges who use the Military Rules of Evidence in courts-martial, but also to civilian lawyers interested in criminal justice, litigation and evidence.

In this Tenth Edition, the authors have continued the process of collecting and analyzing all of the important new developments concerning the Military Rules of Evidence that have occurred since the publication of the Ninth Edition.

The format used here is generally the same format originally used when we produced the first edition.

Each Rule receives separate treatment in a four-part format: the official text of each Rule; the authors' editorial comment; the Drafters’ Analysis; and annotated cases.

The previous edition's ISBN is 9781522197584.

eBooks, CDs, downloadable content, and software purchases are noncancelable, nonrefundable and nonreturnable. Click here for more information about LexisNexis eBooks. The eBook versions of this title may feature links to Lexis+® for further legal research options. A valid subscription to Lexis+® is required to access this content.

Table of Contents

Volume 1

Table of Contents
Dedication
Introduction
Forewords

SECTION I. GENERAL PROVISIONS
Rule 101. Scope
Rule 102. Purpose
Rule 103. Rulings on Evidence
Rule 104. Preliminary Questions
Rule 105. Limiting Evidence That Is Not Admissible Against Other Parties or for Other Purposes
Rule 106. Remainder of or Related Writings or Recorded Statements

SECTION II. JUDICIAL NOTICE
Rule 201. Judicial Notice of Adjudicative Facts
Rule 202. Judicial Notice of Law

SECTION III. EXCLUSIONARY RULES AND RELATED MATTERS CONCERNING SELF INCRIMINATION, SEARCH AND SEIZURE, AND EYEWITNESS IDENTIFICATION
Rule 301. Privilege Concerning Compulsory Self-Incrimination
Rule 302. Privilege Concerning Mental Examination of an Accused
Rule 303. Degrading Questions
Rule 304. Confessions and Admissions
Rule 305. Warnings About Rights
Rule 306. Statements by One of Several Accused
Rule 311. Evidence Obtained From Unlawful Searches and Seizures
Rule 312. Body Views and Intrusions
Rule 313. Inspections and Inventories in the Armed Forces
Rule 314. Searches Not Requiring Probable Cause
Rule 315. Probable Cause Searches
Rule 316. Seizures
Rule 317. Interception of Wire and Oral Communications
Rule 321. Eyewitness Identification

SECTION IV. RELEVANCY AND ITS LIMITS
Rule 401. Test for Relevant Evidence
Rule 402. General Admissibility of Relevant Evidence
Rule 403. Excluding Relevant Evidence for Prejudice, Confusion, Waste of Time,
or Other Reasons
Rule 404. Character Evidence, Crimes or Other Acts
Rule 405. Methods of Proving Character
Rule 406. Habit; Routine Practice
Rule 407. Subsequent Remedial Measures
Rule 408. Compromise Offers and Negotiations
Rule 409. Offers to Pay Medical and Similar Expenses
Rule 410. Pleas, Plea Discussions, and Related Statements
Rule 411. Liability Insurance
Rule 412. Sex Offense Cases: The Victim’s Sexual Behavior or Predisposition
Rule 413. Similar Crimes in Sexual Offense Cases
Rule 414. Similar Crimes in Child-Molestation Cases

Volume 2 Table of Contents

Dedication
Introduction
Forewords
Summary of the 2013 Amendments to the Military Rules of Evidence

SECTION V. PRIVILEGES
Rule 501. Privilege in General
Rule 502. Lawyer-Client Privilege
Rule 503. Communications to Clergy
Rule 504. Marital Privilege
Rule 505. Classified Information
Rule 506. Government Information Other Than Classified Information
Rule 507. Identity of Informants
Rule 508. Political Vote
Rule 509. Deliberations of Courts and Juries
Rule 510. Waiver of Privilege by Voluntary Disclosure
Rule 511. Privileged Matter Disclosed Under Compulsion or Without Opportunity to Claim Privilege
Rule 512. Comment Upon or Inference from Claim of Privilege; Instruction
Rule 513. Psychotherapist-Patient Privilege
Rule 514. Victim Advocate-Victim and Department Of Defense Safe Helpline Staff-Victim

SECTION VI. WITNESSES
Rule 601. Competency to Testify in General
Rule 602. Need for Personal Knowledge
Rule 603. Oath or Affirmation to Testify Truthfully
Rule 604. Interpreter
Rule 605. Military Judge’s Competency as a Witness
Rule 606. Member’s Competency as a Witness
Rule 607. Who May Impeach a Witness
Rule 608. A Witness’s Character for Truthfulness or Untruthfulness
Rule 609. Impeachment by Evidence of a Criminal Conviction or Finding of Guilty by Summary Court-Martial
Rule 611. Mode and Order of Examining Witnesses and Presenting Evidence
Rule 612. Writing Used to Refresh a Witness’s Memory
Rule 613. Witness’s Prior Statement
Rule 614. Court-Martial’s Calling or Examining a Witness
Rule 615. Excluding Witnesses

SECTION VII. OPINIONS AND EXPERT TESTIMONY
Rule 701. Opinion Testimony by Lay Witnesses
Rule 702. Testimony by Expert Witnesses
Rule 703. Bases of an Expert’s Opinion Testimony
Rule 704. Opinion on an Ultimate Issue
Rule 705. Disclosing the Facts or Data Underlying an Expert’s Opinion
Rule 706. Court-Appointed Expert Witnesses
Rule 707. Polygraph Examinations

SECTION VIII. HEARSAY
Rule 801. Definitions That Apply to This Section; Exclusions from Hearsay
Rule 802. The Rule Against Hearsay
Rule 803. Exceptions to the Rule Against Hearsay—Regardless of Whether the Declarant is Available as a Witness
Rule 804. Exceptions to the Rule Against Hearsay—When the Declarant is Unavailable as a Witness
Rule 805. Hearsay Within Hearsay
Rule 806. Attacking and Supporting the Declarant’s Credibility
Rule 807. Residual Exception

SECTION IX. AUTHENTICATION AND IDENTIFICATION
Rule 901. Authenticating or Identifying Evidence
Rule 902. Evidence That Is Self-Authenticating
Rule 903. Subscribing Witness’s Testimony

SECTION X. CONTENTS OF WRITINGS, RECORDINGS, AND PHOTOGRAPHS
Rule 1001. Definitions That Apply to This Section
Rule 1002. Requirement of the Original
Rule 1003. Admissibility of Duplicates
Rule 1004. Admissibility of Other Evidence of Content
Rule 1005. Copies of Public Records to Prove Content
Rule 1006. Summaries to Prove Content
Rule 1007. Testimony or Statement of a Party to Prove Content
Rule 1008. Functions of the Military Judge and the Members

SECTION XI. MISCELLANEOUS RULES
Rule 1101. Applicability of these Rules
Rule 1102. Amendments
Rule 1103. Title

Table of Cases
Index

Featured Authors

Stephen A. Saltzburg David A. Schlueter Victor M. Hansen Denise R. Lind

David A. Schlueter

David A. Schlueter is the Hardy Chair Emeritus and Professor Emeritus at St. Mary’s University School of Law in San Antonio, Texas. Professor Schlueter has taught evidence, constitutional law, criminal procedure, and military law. He has authored, co-authored, or edited thirteen books and numerous articles on evidence and criminal procedure including five books on military procedure and evidence. His writings have been cited over 1500 times by both state and federal courts, including the Supreme Court of the United States, and legal commentators. He served on active duty for nine years as an Army JAG Corps officer as a trial and appellate attorney and Associate Professor at the Army’s Judge Advocate General’s Legal Center and School. He served for another eighteen years as an officer in the Reserves. From 1981 to 1983 he served as legal counsel for the Supreme Court of the United States. In 1983, he started his
teaching career at St. Mary’s. He is a life fellow in the American Bar Foundation, a life fellow in the Texas Bar Foundation and is a life fellow in the American Law Institute. From 1988 until 2005, he served as the Reporter for the Federal Rules of Criminal Procedure Advisory Committee. He currently serves as a consultant to the United States Court of Military Commissions Review.

View All Books by David A. Schlueter (6)

Victor M. Hansen

Victor M. Hansen teaches evidence, criminal procedure, advanced criminal procedure, criminal law, international criminal law, and the law of armed conflict at New England Law│ Boston. Before joining the New England faculty in 2005, Professor Hansen served a 20-year career in the Army. His first assignment was as a cavalry platoon leader and troop executive officer along the East-West German border. Professor Hansen then attended Lewis and Clark College of Law under the Army’s funded legal education program. He served in several assignments as an Army JAG Corps officer including work as a military prosecutor and supervising prosecutor for several years. Professor Hansen earned an LL.M. in Military Law (Criminal Law Specialty) from the Judge Advocate General’s School and then served as an associate professor of law at The Judge Advocate General’s School, where he taught evidence, trial advocacy, and leadership. Over his military career, Professor Hansen was involved in military capital litigation as a prosecutor and as a defense attorney. In his last military assignment Professor Hansen served as a regional defense counsel for the United States Army Trial Defense Service where he supervised and trained military defense attorneys and represented senior military officers in criminal and administrative investigations.

View All Books by Victor M. Hansen (1)

Denise R. Lind

Denise R. Lind retired from the U.S. Army Judge Advocate General’s Corps in the rank of Colonel after completing 29 years of service. Prior to her retirement, Lind served as a Senior Judge on the U.S. Army Court of Criminal Appeals, Senior Military Judge, First Judicial Circuit (Northeast United States), and Military Judge, Fifth Judicial Circuit (Europe, Iraq, Afghanistan, and Kuwait). She was the presiding judge in several high-profile cases including U.S. v. Manning and U.S. v. Lakin. Lind served in multiple leadership positions as Chief, U.S. Army Government Appellate Division, Staff Judge Advocate, Fort Belvoir, Virginia, Senior Defense Counsel, and Senior Trial Counsel. While working at the Office of the Judge Advocate General’s Criminal Law Division she was the Army’s working group member to the Joint Service Committee on Military Justice. Lind is the recipient of two Legions of Merit and the Bronze Star. She earned LL.M. degrees in Military Law and Criminal Law and taught as a Professorial Lecturer in Law at the George Washington University Law School, and as a Professor at the Dwight D. Eisenhower School for National Security and Resource Strategy. After her retirement from the Army, Lind served as a Senior Attorney-Advisor for the Office of Military Commissions Trial Judiciary.

View All Books by Denise R. Lind (1)

Military Rules of Evidence Manual

Featured Authors

Stephen A. Saltzburg

David A. Schlueter

Victor M. Hansen

Denise R. Lind

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