Federal Rule of Evidence change

An important change to the Federal Rules of Evidence begins today.  That means, absent Presidential action, the rule will take affect in the military no later than 18 months from now.  This is a significant change requiring the prosecution to corroborate statements against penal interest.

On December 1, 2010, a new amendment to the Federal Rules of Evidence takes effect. The rule concerns the admission of statements against interest under FRE 804(b)(3) has been amended so that the corroborating circumstances requirement for admission of a declaration against interest applies to statements against penal interest introduced by the government as well as those by the defendant in criminal cases. This requirement previously applied to statements introduced by the defendant.

See Mil. R. Evid. 1102.  Thanks to FederalEvidenceReview for the reminder.

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