What is the Military Rules of Evidence (MRE) 608?

The Military Rules of Evidence (MRE) 608 is a federal rule of evidence that applies to all military courts in the United States, including those in the state of Utah. The rule allows for the use of a witness’s reputation or opinion testimony in order to prove or disprove the truth of a fact in issue. Under this rule, a witness’s opinion or reputation can be offered by either the prosecution or defense in order to support or refute a fact. This rule applies to not only military court proceedings, but also in civil cases as well. MRE 608 is highly subjective, as it allows for the use of a witness’s opinion of someone else, and it specifically forbids experts from expressing conclusions on a matter of fact. Additionally, the court can exclude a witness’s opinion or reputation if it feels it is unreliable or if it is too prejudicial to be admitted. MRE 608 also sets limits on what types of reputations or opinions are considered relevant to court proceedings. These rules include prohibiting the use of defamatory evidence, and any opinions that are related to a person’s criminal history, dishonesty in the performance of their duties, or any other negative aspects of their character. In addition, MRE 608 prohibits the use of evidence that would be considered hearsay, such as an opinion that was based on facts that were not presented in court. MRE 608 is an important part of military law in Utah, as it ensures that witnesses’ opinions and reputations are used appropriately and not used against someone unfairly.

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