Manual for Courts-martialU.S. Government Printing Office, 1969 |
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Términos y frases comunes
accused's admissible alleged ANALYSIS Rule applicable appropriate armed forces Article 32 Article 32 hearings authenticated camera proceeding Character evidence circumstances claim the privilege classified information Code of Military conduct convening authority conviction court criminal cross-examination defense counsel disclosed disclosure documents duty examination fact Federal Rule Fifth Amendment hearsay identification inspection intent interests of justice interrogation issue judicial notice lineup matter ment mental Military Justice Military Rules motion or objection motion to suppress nolo contendere obtained officer otherwise paragraph party person subject personnel plea of guilty present Manual president probable cause procedure proof prosecution punishment purpose pursuant question reasonable record of trial relevant request right to counsel Rules of Evidence search authorization search or seizure search warrant self-incrimination sentence special court-martial specific statement sua sponte subdivision taken testify testimony tion trial counsel Uniform Code United United States Code unlawful unless waiver witness
Pasajes populares
Página 93 - If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education, may testify thereto in the form of an opinion or otherwise...
Página 27-55 - The facts or data in the particular case upon which an expert bases an opinion or inference may be those perceived by or made known to the expert at or before the hearing. If of a type reasonably relied upon by experts in the particular field...
Página 27-57 - A memorandum, report, record, or data compilation, in any form, of acts, events, conditions, opinions, or diagnoses, made at or near the time by, or from information transmitted by, a person with knowledge, if kept in the course of a regularly conducted business activity...
Página 27-55 - The expert may testify in terms of opinion or inference and give his reasons therefor without prior disclosure of the underlying facts or data, unless the court requires otherwise. The expert may in any event be required to disclose the underlying facts or data on cross-examination.
Página 27-54 - Extrinsic evidence of a prior inconsistent statement by a witness is not admissible unless the witness is afforded an opportunity to explain or deny the same and the opposite party is afforded an opportunity to interrogate the witness thereon, or the interests of justice otherwise require.
Página 57 - Relevant evidence" means evidence having any tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence.
Página 27-61 - A statement not specifically covered by any of the foregoing exceptions but having equivalent circumstantial guarantees of trustworthiness, if the court determines that (A) the statement is offered as evidence of a material fact; (B) the statement is more probative on the point for which it is offered than any other evidence which the proponent can procure through reasonable efforts...
Página 27-62 - Evidence that a document or data compilation, in any form, (A) is in such condition as to create no suspicion concerning its authenticity, (B) was in a place where it, if authentic, would likely be, and (C) has been in existence 20 years or more at the time it is offered. (9) Process or system. Evidence describing a process or system used to produce a result and showing that the process or system produces an accurate result.
Página 88 - ... Evidence of juvenile adjudications is generally not admissible under this rule. The court may, however, in a criminal case allow evidence of a juvenile adjudication of a witness other than the accused if conviction of the offense would be admissible to attack the credibility of an adult and the court is satisfied that admission in evidence is necessary for a fair determination of the issue of guilt or innocence.
Página 27-57 - Records, reports, statements, or data compilations, in any form, of public offices or agencies, setting forth (A) the activities of the office or agency, or (B) matters observed pursuant to duty imposed by law as to which matters there was a duty to report...