What is the Military Rules of Evidence (MRE)?

The Military Rules of Evidence (MRE) are the set of laws and regulations used to govern the introduction of evidence in military trials in the state of New York. MREs are based on the Federal Rules of Evidence (FRE), which apply in civilian trials. MREs provide for stricter rules for what evidence is admissible in a court-martial than what is allowed in a civilian trial. For example, MRE 404(a) prohibits the use of evidence of a defendant’s past acts for the purpose of proving that the defendant committed the crime charged. This rule is stricter than the FRE, which allows evidence of past acts to be admitted under certain circumstances. MREs also provide for different types of hearsay exceptions. Under MRE 803, hearsay evidence is allowed if it is reliable, and under certain circumstances, if it is deemed reliable beyond a reasonable doubt. For example, under MRE 803(16), a statement is considered reliable if it is made by a person under oath in a former trial. This exception is not available in civilian trials. MREs also provide for the use of expert testimony. Under MRE 703, expert testimony is allowed if it is considered to be helpful to the fact-finder or the trier of fact. This means that an expert can provide their opinion about a certain matter, provided that it is deemed to be credible and based upon a reliable methodology. The Military Rules of Evidence provide a more strict set of rules for the introduction of evidence in military trials in New York than the Federal Rules of Evidence. By governing the introduction of evidence, MREs are essential in ensuring that military trials are fair and just.

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What is the Military Rules of Evidence (MRE)?

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