Legal Definitions - MRE

MRE stands for Military Rules of Evidence.

The Military Rules of Evidence (MRE) are a specialized set of regulations that govern what evidence can be presented and how it must be presented in military judicial proceedings, known as courts-martial. These rules are designed to ensure fairness, reliability, and due process within the unique context of the military justice system. While they share many similarities with the Federal Rules of Evidence used in civilian federal courts, the MREs are tailored to address the specific operational environment and legal needs of the armed forces.

Here are some examples illustrating how the MREs apply:

• Example 1: Admissibility of a Confession

  A Marine is accused of desertion, and during an interrogation, he makes a statement admitting to leaving his post without authorization. Before this confession can be used against him in a court-martial, the military judge must determine if it was obtained voluntarily and if the Marine was properly advised of his rights (such as the right to remain silent and the right to an attorney) as required by the MREs. If the MREs' standards for voluntariness and rights advisement were not met, the confession would likely be deemed inadmissible, meaning the prosecution could not present it as evidence.

• Example 2: Expert Witness Testimony

  In a court-martial for sexual assault, the prosecution wants to introduce testimony from a forensic psychologist regarding the typical behaviors of sexual assault victims. The MREs dictate the criteria for qualifying an individual as an expert witness and for determining the admissibility of their testimony. The military judge would apply the MREs to assess the psychologist's qualifications, the scientific validity of their methods, and whether their testimony would assist the court-martial members (the military equivalent of a jury) in understanding the evidence, ensuring that only reliable and relevant expert opinions are presented.

• Example 3: Handling of Classified Information

  An Air Force officer is on trial for espionage, and the defense seeks to introduce documents that contain classified national security information to prove their client's innocence. The MREs include specific provisions for handling classified information in military trials, often requiring special procedures to protect national security while still ensuring the accused's right to a fair trial. The military judge would apply these MREs to balance these competing interests, potentially allowing the information to be presented in a redacted form or through a summary, rather than revealing the full classified document in open court.