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1981 Army Law. 1 (1981)

handle is hein.journals/armylaw1981 and id is 1 raw text is: ~Fc pjttsiC~ C the army LAWYER HEADQUARTERS, DEPARTMENT OF THE ARMY Department of the Army Pamphlet 27-50-97 January 1981 Table of Contents Impeachment by Prior Conviction: Military Rule of Evidence 609 .................................... TJAG Letter ....................................... From the Desk of the Sergeant Major ............... Fact Sheet, USATDS ............................... Judiciary Notes .................................... A Matter of Record ................................ Legal Assistance Items ............................. Non-Judicial Punishment ........................... Reserve Affairs Items .............................. CLE News .......................................... Videocassettes Available from TJAGSA .............. Current Materials of Interest ....................... Impeachment by Prior Conviction: Military Rule of Evidence 609 Major Lee D. Schinasi, and Lieutenant Colonel Herbert Green, Criminal Law Division, TJAGSA INTRODUCTION Reduced to its basic components, an advo- cate's role at trial is to present his case in a clear, concise and believable manner. This means being able to effectively communicate his client's story, and then being able to sell that story to the court. This result involves considering many legal and practical matters. One of the most important is witness credibil- ity; that is, will the finders of fact believe what your witnesses say, and what you suggest in argument. No matter how accurate your facts are, if they are not believed the case will be lost. The Military Rules of Evidence provide sev- eral mechanisms for testing credibility.1 The 'See Mil. R. Evid. 404-Character Evidence not Admis- sible to Prove Conduct; Exceptions; Other Crimes. Mil. R. Evid. 405-Methods of Proving Character. Mil. R. Evid. 406-Habit; Routine Practice. Mil. R. Evid. 412-Non Consentual Sexual Offenses; Relevancy of Victim's Past Behavior. Mil. R. Evid. 607-Who May Impeach. Mil. R. Evid. 608-Evidence of Character Conduct, Bias of Witness. Mil. R. Evid. 612-Writing Used to Refresh Memory. Mil. R., Evid. 613-Prior Statements of Witnesses. Mil. R. Evid. 801(d)- Statements Which are Not Hearsay. Mil. R. Evid. 804(b)-Hearsay Exceptions. Mil. R. Evid. 806- Attacking and Supporting Credibility of Declarant. P-- III

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