Accession Number : ADA444399


Title :   Military Rule of Evidence 404(b): Toothless Giant of the Evidence World


Descriptive Note : Master's thesis


Corporate Author : JUDGE ADVOCATE GENERAL'S SCHOOL CHARLOTTESVILE VA


Personal Author(s) : Landrum, Bruce D


Full Text : https://apps.dtic.mil/dtic/tr/fulltext/u2/a444399.pdf


Report Date : Apr 1996


Pagination or Media Count : 149


Abstract : This thesis examines the history and evolution of the rules of evidence that have restricted admissibility of uncharged misconduct evidence in criminal cases. It then turns to the current developments in this area, including the adoption and interpretation of Federal and Military Rules of Evidence 404 (b), and recent legislation that added Rules 413 and 414. This thesis concludes that Rule 404(b) is already interpreted to admit most, if not all, of the evidence sought to be admitted by new Rules 413 and 414; making the new rules unnecessary for their stated purpose. Since they present a substantial risk of improper application, are arguably unconstitutional, and send a bad message about our system of justice, Military Rules of Evidence 413 and 414 should be eliminated, or at least modified.


Descriptors :   *LEGISLATION , *MILITARY LAW , *CRIMINOLOGY , UNITED STATES GOVERNMENT , RISK , MILITARY GOVERNMENT , THESES


Subject Categories : Sociology and Law


Distribution Statement : APPROVED FOR PUBLIC RELEASE