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Exceptions to the Hearsay Rule

Hearsay- Exceptions when the Declarant is Available to Testify In our last post on hearsay we explained both how Military Rules of Evidence (MRE) 801 defines hearsay and how it excludes certain statements from the general rule—found in MRE 802—that hearsay

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Hearsay

Most people know that “hearsay” is unreliable and inadmissible in court, but the term “hearsay” is a legal term that’s often used incorrectly. That’s not surprising because in military courts-martial, just as in civilian courts, the concept of hearsay is

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Unanimous Military Juries

Does a military jury have to be unanimous? When the government charges you with a crime under the Uniform Code of Military Justice (UCMJ), the prosecution doesn’t have to convince a unanimous jury that you’re guilty beyond a reasonable doubt

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What is an Article 32 hearing?

In the military there are no grand juries.  The military’s version of a grand jury hearing or probable cause hearing is called an Article 32 investigation.  There are three types of Courts-Martial in the military: Summary, Special and General.  Only

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