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1981 Army Law. 1 (1981)

handle is hein.journals/armylaw1981 and id is 1 raw text is: ~Fc pjttsiC~

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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.

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