What is the Military Rules of Evidence (MRE) 613?
The Military Rules of Evidence (MRE) 613 is a rule in the Utah Code of Military Justice (UCMJ) that protects the rights of service members accused of a crime. This evidence rule is commonly referred to as the "testimonial privilege." MRE 613 deals with the confidential communications shared between a service member and his or her lawyer. This rule ensures that these conversations remain private and that they cannot be used as evidence against them. In particular, MRE 613 prohibits a lawyer and witness from testifying about any confidential communication they have had with a service member accused of a crime. Even if the communication is in the form of a written document, it will not be admissible as evidence in a trial. This rule protects the rights of service members by preventing the prosecution from using any private information or conversations to develop a case against them. In addition, MRE 613 also allows for communications between the accused and their legal team to remain confidential even when the accused is not present at the time of the conversation. This means that a lawyer and a witness can consult and discuss the case without the accused being present, and their discussions will remain privileged. Ultimately, the Military Rules of Evidence is an important tool for protecting the rights of service members accused of a crime in Utah. Through MRE 613, a service member can have confidential conversations with their lawyers to discuss their case and ensure they receive the best defense possible.
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