What is the rule against hearsay?
Hearsay is any statement that is used as evidence in court that was made out of court by someone other than the person on trial. The hearsay rule in military law, or the Uniform Code of Military Justice (UCMJ), does not allow for hearsay evidence to be used to prove the truth of a matter. This means that if someone is accused of a crime or violation, they cannot be found guilty based on the testimony of a third party. In New York, the state court hearsay rule is defined in Article III of the New York Civil Practice Law and Rules. This rule states that hearsay is not admissible in court, with some exceptions. Generally, hearsay is only admissible if it falls under one of the recognized hearsay exceptions and is necessary to prove a fact. The UCMJ also has a provision that prevents victims of crimes from being cross-examined about hearsay statements. This is in place to protect the victims from being unduly coerced into testifying. The UCMJ also requires that all cross-examination be conducted in a respectful manner. Regardless of whether a case is tried in a state court or under the UCMJ, hearsay evidence is generally not accepted as proof of guilt. This is due to the fact that hearsay is unreliable and hard to verify. If hearsay is introduced as evidence in a trial, the court will carefully consider the credibility of the statement and whether it is relevant to the case before deciding to take it into account.
Related FAQs
What is a military lawyer?What are the qualifications to serve on a court-martial panel?
What is the difference between a general court-martial and a special court-martial?
What is the difference between a court martial and a summary court-martial?
How does military law differ from civilian law?
What rights do service members have under military law?
What is NJP, or non-judicial punishment?
How does the Sixth Amendment apply to court-martial proceedings?
What type of offenses can be tried by a special court-martial?
What is a motion for dismissal in a court-martial?
Related Blog Posts
Military Law – What You Need to Know - July 31, 2023Understanding the Different Types of Military Law - August 7, 2023
Navigating Military Courts and Procedures - August 14, 2023
A Guide to Military Service Member Rights - August 21, 2023
Understanding Military Court Martial Laws - August 28, 2023