Sec. 537. Modification of Military Rules of Evidence relating to admissibility of general military character toward probability of innocence
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/bill/113/hr/4435/rh/section-537·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
The Secretary of Defense shall modify the Military Rules of Evidence to clarify that the general military character of an accused is not admissible for the purpose of showing the probability of innocence of the accused, except when evidence of a trait of the military character of an accused is relevant to an element of an offense for which the accused has been charged.
(a)by Operation of Law Effective on and after the date of the enactment of this Act, Rule 404(a) of the Military Rules of Evidence does not authorize the admissibility of evidence regarding the good military character of an accused in the findings phase of courts-martial, except in the instance of the following military-specific offenses: Article 84 effecting unlawful enlistment, appointment, separation. Article 85 desertion. Article 86 absent without leave. Article 87 missing movement. Article 88 contempt towards officials. Article 89 disrespect toward superior commissioned officer. Article 90 assaulting, willfully disobeying superior commissioned officer. Article 91 insubordinate conduct toward warrant, noncommissioned, petty officer. Article 92 failure to obey order or regulation. Article 93 cruelty and maltreatment of subordinates. Article 94 mutiny and sedition. Article 95 resisting apprehension, flight, breach of arrest, escape. Article 96 releasing a prisoner without proper authority. Article 97 unlawful detention. Article 98 noncompliance with procedural rules. Article 99 misbehavior before enemy. Article 100 subordinate compelling surrender. Article 101 improper use of countersign. Article 102 forcing safeguard. Article 103 captured, abandoned property. Article 104 aiding the enemy. Article 105 misconduct as prisoner. Article 106a espionage. Article 107 false official statements. Article 108 loss, damage, destruction, disposition of military property. Article 109 loss, damage, destruction, disposition of property other than military property of the United States. Article 110 improper hazarding of vessel. Article 111 drunk or reckless operation of vehicle, aircraft, or vessel. Article 112 wrongful use, possession, manufacture or introduction of controlled substance. Article 113 misbehavior of sentinel or lookout. Article 114 dueling. Article 115 malingering. Article 116 riot. Article 117 provoking, speech, gestures. Article 133 conduct unbecoming an officer. Article 134 general article of the Uniform Code of Military Justice. Attempts, conspiracy, or solicitation to commit such offenses.