What is the Military Rules of Evidence (MRE) 407?
Military Rules of Evidence (MRE) 407 is part of the Uniform Code of Military Justice (UCMJ). It is a rule that applies to criminal cases involving military members. This rule states that evidence of a crime may be admitted if it shows the accused had a “dutiful regard” for the law. Basically, this rule allows for evidence that could show that the accused was following the law. This evidence can be used in court to show that the accused was not intentionally violating the law or otherwise engaging in criminal conduct. For example, if a military member is accused of a crime, evidence that they took precautions or actions to avoid violating the law could be admitted under MRE 407. MRE 407 originated from the decision of the Supreme Court case United States v. Williams. In that case, the Supreme Court held that a lack of dutiful regard for the law can be used to show that the accused had criminal intent in the commission of the crime. Even though Virginia is not part of the military justice system, this rule is still relevant because it can be used as a legal precedent in criminal cases in the state. This rule has been used in all types of criminal cases in the state, from reckless driving to assault and battery. Therefore, it is important to understand the implications of this rule in the context of Virginia law.
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