Ar 27 10 Board Questions

Mastering the AR 27-10 Board Questions: A Comprehensive Guide

The AR 27-10, or the Army Regulation 27-10, outlines the rules of evidence for military justice. Understanding this regulation is crucial for anyone involved in military legal proceedings, whether as a witness, accused, or legal representative. This comprehensive guide delves into common AR 27-10 board questions, providing detailed explanations and insights to help you navigate the complexities of military evidence law. We’ll explore key concepts, practical examples, and common pitfalls, ensuring you're well-prepared for any situation involving military justice.

Understanding the Foundation: Key Concepts in AR 27-10

Before tackling specific board questions, it's vital to grasp the fundamental principles of AR 27-10. This regulation governs the admissibility of evidence in courts-martial and other military proceedings. It draws heavily from the Federal Rules of Evidence but incorporates unique aspects relevant to the military context. Key concepts include:

• Relevance: Evidence must be relevant to the matter at hand. This means it must tend to prove or disprove a fact of consequence in the case. Irrelevant evidence is inadmissible.

• Materiality: Evidence must be material, meaning it relates to a fact that is important to the case. Even if relevant, immaterial evidence might be excluded.

• Competence of Witnesses: Witnesses must be competent to testify, meaning they have the capacity to observe, remember, and communicate their observations truthfully. This often involves considerations of age, mental capacity, and understanding of the oath.

• Hearsay: Hearsay is generally inadmissible. This refers to out-of-court statements offered to prove the truth of the matter asserted. There are, however, numerous exceptions to the hearsay rule within AR 27-10.

• Privileges: Certain communications are privileged, meaning they are protected from disclosure in court. Examples include attorney-client privilege and spousal privilege.

• Authentication and Best Evidence Rule: Documents and other physical evidence must be authenticated to prove their authenticity and origin. The best evidence rule typically requires the original document to be presented unless there's a compelling reason to use a copy.

• Chain of Custody: For physical evidence, a clear chain of custody must be established to demonstrate its integrity and prevent tampering.

Common AR 27-10 Board Questions and Answers

Now let's delve into some frequently encountered AR 27-10 board questions, categorized for clarity.

I. Relevance and Materiality:

Question 1: A soldier is accused of assault. The prosecution wants to introduce evidence that the soldier was previously disciplined for disorderly conduct. Is this evidence admissible?

Answer: This evidence might be considered admissible under certain circumstances. While prior misconduct is generally not admissible to show propensity (that the soldier is a bad person and therefore likely to have committed the assault), it could be admissible if it shows a pattern of behavior relevant to the current charge, especially if the prior misconduct involves violence or aggression. The probative value (its usefulness in proving a fact) must outweigh its prejudicial effect (the risk of biasing the court against the soldier). The military judge would make this determination.

Question 2: The defense wants to introduce evidence that the victim in an assault case had a history of making false accusations. Is this evidence admissible?

Answer: Evidence of the victim's prior false accusations is potentially admissible to impeach the victim's credibility as a witness. The defense needs to demonstrate that these prior false accusations are relevant and have a sufficient connection to the current case to be considered admissible. Again, the probative value must outweigh any potential prejudice.

II. Hearsay and Exceptions:

Question 3: A witness testifies that another soldier told him the accused confessed to the crime. Is this hearsay? Is it admissible?

Answer: Yes, this is classic hearsay. The statement by the other soldier is out-of-court and is being offered to prove the truth of the matter asserted (the accused confessed). It's generally inadmissible unless it falls under a hearsay exception, such as an admission by a party-opponent (if the statement was made by the accused), or perhaps an excited utterance if it was made immediately after the event.

Question 4: A police report detailing witness statements is offered as evidence. Is this admissible?

Answer: The police report itself is likely hearsay. However, the statements contained within the report may be admissible if they fall under a hearsay exception, such as a statement made for purposes of medical diagnosis or treatment, a recorded recollection, or a business record exception. The prosecution would need to establish the reliability of the report and the underlying statements within it.

III. Witness Competence and Credibility:

Question 5: A mentally impaired soldier is called to testify. Can their testimony be admitted?

Answer: The soldier's competence to testify depends on their ability to understand the nature of an oath and to relate truthfully their observations. A determination of their competence would be made by the military judge after examining the witness's mental capacity. If deemed incompetent, their testimony would be inadmissible.

Question 6: The defense attorney wants to impeach a witness's credibility by questioning their past convictions. Is this permissible?

Answer: Yes, a witness's prior criminal convictions can be used to impeach their credibility. However, there are limitations. The judge might limit the inquiry to the nature of the conviction and the sentence imposed. The probative value of the conviction must outweigh its potential prejudicial effect on the witness's testimony.

IV. Authentication and Best Evidence Rule:

Question 7: A photograph is offered as evidence. How must it be authenticated?

Answer: The photograph must be authenticated to prove it accurately depicts what it purports to show. This may involve testimony from the photographer or a witness who can verify that the photograph accurately reflects a scene or object at a specific time and place.

Question 8: A copy of a document is offered as evidence, although the original is available. Is this admissible?

Answer: Under the best evidence rule, the original document is generally preferred. However, a copy may be admissible if the original is lost or destroyed, or if the original is unavailable due to other reasons beyond the control of the party seeking to introduce the evidence. The judge would assess the reasons for not producing the original and determine the admissibility of the copy.

V. Chain of Custody:

Question 9: A weapon is found at the crime scene. What steps are necessary to establish a proper chain of custody?

Answer: A meticulous chain of custody must be established. This involves documenting every person who handled the weapon, the time and date of each transfer, and the location of the weapon at all times. Any breaks in the chain of custody could significantly weaken the evidence's admissibility.

VI. Privileges:

Question 10: A soldier confesses to a crime to their attorney. Can the attorney be compelled to testify about this confession?

Answer: No. Attorney-client privilege protects confidential communications between a soldier and their attorney. The attorney cannot be forced to disclose these communications, even in court.

Practical Application and Further Considerations

The examples above illustrate the complexity of AR 27-10. In practice, the admissibility of evidence often hinges on a balancing test: does the probative value of the evidence outweigh its prejudicial effect? Judges must carefully weigh these factors, ensuring fairness to both the prosecution and the defense.

Furthermore, the military context introduces unique considerations. The military's hierarchical structure, the nature of military operations, and the need to maintain discipline can influence the application of evidentiary rules.

Conclusion: Preparing for Success

Mastering AR 27-10 requires a thorough understanding of the underlying principles and their application in various scenarios. This guide serves as a starting point. Further study of the regulation itself, alongside case law and legal commentary, is essential for anyone involved in military justice. Preparation is key. By understanding the intricacies of military evidence law, you can navigate the complexities of military legal proceedings with confidence and ensure a fair outcome. Remember, always seek the counsel of a qualified legal professional for specific legal advice related to your individual circumstances.