What is the rule against hearsay?
In Washington State, the rule against hearsay is a part of the military law implementation. Hearsay is defined as an out-of-court statement offered to prove the truth of the matter asserted. This means that a statement by an individual that is not actually present at the trial cannot be used as evidence in court. The main reason for this rule is to prevent mistrials which can occur if the jurors are swayed by hearsay, as it is not always reliable and is often not subjected to the same level of scrutiny as other forms of evidence. The courts want to make sure that jurors are getting the best and most reliable information possible, so hearsay is generally not admissible and will be barred from the trial. The hearsay rule is designed to protect the rights of those accused of crimes and to ensure that only reliable information is presented to the court. The military justice system relies on an adversarial system of justice which means that both sides have an opportunity to present evidence and cross-examine witnesses. If hearsay is not excluded, it can lead to an unbalanced trial and could result in a wrongful conviction.
Related FAQs
What is a post-trial review article in a court-martial?How is a court-martial case initiated?
What is the UCMJ Article 134?
What is the role of an Army JAG lawyer?
What is the Uniform Code of Military Justice (UCMJ) Article 15?
What is the UCMJ Article 15?
What is the Military Rules of Evidence (MRE) 608?
What is the difference between a court martial and a summary court-martial?
How is evidence presented in a court-martial?
What is the Military Rules of Evidence (MRE)?
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