Military Rules of Evidence. Character Evidence in Military Trials

In the military justice system, the Military Rule of Evidence (MRE) 404(a) traditionally restricts the use of character evidence in trials. Specifically, MRE 404(b) bars the prosecution from introducing evidence of a defendant's past misdeeds to suggest that they acted consistently with that character during the specific incident in question. For example, a past act of shoplifting as a child wouldn't be admissible in a trial for theft from the Commissary.

 

Exceptions and Their Impact:

 

Despite these restrictions, MRE 404(b)2 presents notable exceptions. These allow the introduction of previous crimes or misconduct for purposes other than proving character - such as demonstrating motive, intent, or identity. This loophole has often been exploited by prosecution teams to indirectly tarnish the accused's character.

 

Recent Amendments Benefiting the Accused:

 

A significant legal development has recently altered this landscape to the benefit of the defense. Previously, defense teams had to specifically request that the prosecution notify them if such character evidence was to be used. Responses from the prosecution were typically brief and vague, leading to disputes at trial.

 

Influences from the Federal Rules of Evidence:

 

Drawing from the Federal Rules of Evidence (FRE), which underwent amendments on December 1, 2020, the MRE has now adopted similar changes. The FRE now mandates that the prosecution provide detailed notice of such character evidence without a defense request. This notice must be in writing, submitted reasonably before the trial, and must specifically outline the evidence and its relevance under the non-propensity exceptions.

 

MRE Alignment with FRE Changes:

 

Although amendments to the FRE do not automatically apply to the MRE, a significant delay by the President in opposing these changes means that the MRE has now incorporated these amendments. Effective June 1, 2022, MRE 404(b) reflects these new requirements, ensuring a higher level of transparency and preparedness for the defense.

 

Implications for Military Trials:

 

This shift in the MRE marks a positive change for defense teams in military trials. It levels the playing field by requiring the prosecution to provide detailed, advance notice of the character evidence they intend to use. This allows defense teams to better prepare and challenge the admissibility of such evidence, enhancing fairness in the military justice system.