reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 95 - VETERANS AND MILITARY AFFAIRS › Part 400 - ILLINOIS MANUAL FOR COURT-MARTIAL AND NONJUDICIAL PUNISHMENT › Subpart D - COURTS-MARTIAL JURISDICTION AND COMPOSITION › Section 400.425 - Reporters and Court Interpreters

Current through Register Vol. 48, No. 28, July 12, 2024
The convening authority of a general or special
				  court-martial or court of inquiry shall detail or employ qualified court
				  reporters who shall record the proceedings of, and testimony taken before that
				  court and may detail or employ interpreters who shall interpret for the
				  court
. (Code Section 28)
Illinois Administrative Code › Title 95 - VETERANS AND MILITARY AFFAIRS › Part 400 - ILLINOIS MANUAL FOR COURT-MARTIAL AND NONJUDICIAL PUNISHMENT › Subpart E - PRETRIAL PROCEDURES › Section 400.500 - Charges and Specifications

Current through Register Vol. 48, No. 28, July 12, 2024
a)
Charges and specifications shall be signed by a person subject to the
				Code under oath before a commissioned officer authorized by
Code
				Section
136
(a)
to administer oaths and shall state
				that
:
1)
the signer has
				personal knowledge of, or has investigated, the matters set forth
in
				the charges and specifications;
and
2) the charges and specifications
are
				true in fact to the best of the signer's knowledge and belief
. (Code
				Section 30(a))
Illinois Administrative Code › Title 95 - VETERANS AND MILITARY AFFAIRS › Part 400 - ILLINOIS MANUAL FOR COURT-MARTIAL AND NONJUDICIAL PUNISHMENT › Subpart E - PRETRIAL PROCEDURES › Section 400.505 - Compulsory Self-Incrimination Prohibited

Current through Register Vol. 48, No. 28, July 12, 2024
a)
No person subject to
the
Code may compel any person to incriminate
himself or herself,
				or
to answer any question the answer to which may tend to
				incriminate
that person. (Code Section 31(a))
b)
No person subject to
the
Code may interrogate or request any statement from an accused or a
				person suspected of an offense without first informing that person of the
				nature of the accusation and advising that person that the person does not have
				to make any statement regarding the offense of which the person is accused or
				suspected and that any statement made by the person may be used as evidence
				against the person in a trial by court-martial
. (Code Section
				31(b))
c)
No person subject
				to
the
Code may compel any person
to make a
				statement or produce evidence before any military court if the statement or
				evidence is not material to the issue and may tend to degrade
that
person
. (Code Section 31(c))
d)
No statement obtained from any
				person in violation of this
Section
or through
the
use of coercion, unlawful influence, or unlawful inducement may be
				received in evidence against
that
person in a trial by
				court-martial
. (Code Section 31(d))
Illinois Administrative Code › Title 95 - VETERANS AND MILITARY AFFAIRS › Part 400 - ILLINOIS MANUAL FOR COURT-MARTIAL AND NONJUDICIAL PUNISHMENT › Subpart E - PRETRIAL PROCEDURES › Section 400.515 - Forwarding and Disposition of Charges

Current through Register Vol. 48, No. 28, July 12, 2024
a) Only persons authorized to convene
				courts-martial or to administer nonjudicial punishment under Subpart K may
				dispose of charges. A superior competent authority may withhold the authority
				of a subordinate to dispose of charges in individual cases, types of cases, or
				generally.
b) When a commander with
				authority to dispose of charges receives charges, that commander shall promptly
				determine what disposition will be made in the interest of justice and
				discipline, unless the authority to do so has been limited or withheld by
				superior competent authority. A commander may dispose of charges by dismissing
				any or all of them, forwarding any or all of them to another commander for
				disposition, or referring any or all of them to a court-martial the commander
				is empowered to convene.
c)
When a person is held for trial by general court-martial, the
				commanding officer shall, within 15 days after the accused is ordered into
				arrest or confinement, if practicable, forward the charges, together with the
				investigation and allied papers, to the person exercising general court-martial
				jurisdiction. If that is not practicable, the commanding officer shall report
				in writing to that person the reasons for delay
. (Code Section
				33)
d) When charges are forwarded
				to a superior commander for disposition, the forwarding commander shall make a
				personal recommendation as to disposition. If the forwarding commander is
				disqualified from acting as convening authority in the case, the basis for the
				disqualification shall be noted.
e)
				Disposition by Summary Court-Martial Convening Authority. When in receipt of
				charges, a commander exercising summary court-martial jurisdiction may:
1) Dismiss any charges;
2) Forward charges (or, after dismissing
				charges, the matter) to a subordinate commander for disposition;
3) Forward any charges to a superior
				commander for disposition;
4) Refer
				charges to a summary court-martial for trial.
Illinois Administrative Code › Title 95 - VETERANS AND MILITARY AFFAIRS › Part 400 - ILLINOIS MANUAL FOR COURT-MARTIAL AND NONJUDICIAL PUNISHMENT › Subpart E - PRETRIAL PROCEDURES › Section 400.520 - Advice of Judge Advocate and Referral for Trial

Current through Register Vol. 48, No. 28, July 12, 2024
a) The convening authority shall refer the
				charges to the senior force judge advocate or designee for consideration and
				advice pursuant to Code Section 34. The judge advocate shall be provided with a
				complete copy of all documents, records or other evidence in the possession of
				the State and review all charges, together with the investigation and allied
				papers referenced in Code Section 33, as part of his or her legal
				review.
b)
Before any
				charge
or specification
may be referred for
				trial
by general or special court-martial, the convening
				authority shall refer it to a judge advocate for consideration and
				advice
.
1)
The convening
				authority may not refer a specification under a charge to a general or special
				court-martial for trial unless the convening authority has been advised in
				writing by a judge advocate that:
A)
the specification alleges an offense under
the
Code
;
B)
the specification is warranted by the evidence indicated in the report
				of investigation under
Code Section 32
, if there is such a
				report; and
C)
a
				court-martial would have jurisdiction over the accused and the
				offense.
(Code Section 34(a))
Illinois Administrative Code › Title 95 - VETERANS AND MILITARY AFFAIRS › Part 400 - ILLINOIS MANUAL FOR COURT-MARTIAL AND NONJUDICIAL PUNISHMENT › Subpart E - PRETRIAL PROCEDURES › Section 400.525 - Action by Commander Exercising General Court-Martial Jurisdiction

Current through Register Vol. 48, No. 28, July 12, 2024
a) Disposition.
				When in receipt of charges, a commander exercising general court-martial
				jurisdiction may:
1) Dismiss any
				charges;
2) Forward charges (or,
				after dismissing charges, the matter) to a subordinate commander for
				disposition;
3) Forward any charges
				to a superior commander for disposition;
4) Refer charges to a summary
				court-martial;
5) Unless otherwise
				directed by competent authority, direct a pretrial investigation pursuant to
				Section
				400.510,
				after which additional action under this Section may be taken; or
6) Refer charges to a special or general
				court-martial.
Illinois Administrative Code › Title 95 - VETERANS AND MILITARY AFFAIRS › Part 400 - ILLINOIS MANUAL FOR COURT-MARTIAL AND NONJUDICIAL PUNISHMENT › Subpart E - PRETRIAL PROCEDURES › Section 400.530 - Referral of Charges

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				General. Referral is the order of a convening authority that charges against an
				accused will be tried by a specified court-martial.
b) Any convening authority may refer charges
				to a court-martial convened by that convening authority or a predecessor unless
				the power to do so has been withheld by superior competent authority.
c) An accuser may not refer charges to a
				general or special court-martial.
d) Basis for Referral. If the convening
				authority finds or is advised by a judge advocate that there are reasonable
				grounds to believe that an offense triable by a court-martial has been
				committed, the accused committed that offense, and the specification alleges an
				offense, the convening authority may refer it. The finding may be based on
				hearsay in whole or in part. The convening authority or judge advocate may
				consider information from any source and shall not be limited to the
				information reviewed by any previous authority, but a case may not be referred
				to a general court-martial except in compliance with subsection (e). The
				convening authority or judge advocate shall not be required, before charges are
				referred, to resolve legal issues, including objections to evidence, that may
				arise at trial.
e) General and
				Special Courts-Martial (see Code Section 34(a)). The convening authority may
				not refer a specification under a charge to a general or special court-martial
				unless:
1) There has been substantial
				compliance with the pretrial investigation requirements of Section
				400.510;
				and
2) The convening authority has
				received the advice of the staff judge advocate required under Section
				400.520.
				These requirements may be waived by the accused.
Illinois Administrative Code › Title 95 - VETERANS AND MILITARY AFFAIRS › Part 400 - ILLINOIS MANUAL FOR COURT-MARTIAL AND NONJUDICIAL PUNISHMENT › Subpart E - PRETRIAL PROCEDURES › Section 400.535 - Service of Charges

Current through Register Vol. 48, No. 28, July 12, 2024
The trial counsel shall serve or caused to be served
				  upon the accused a copy of the charges
referred to trial.
No
				  person may, against the person's objection, be brought to trial before a
				  general court-martial within a period of 60 days after the service of charges
				  upon the accused, or in a special court-martial, within a period of 45 days
				  after the service of charges upon the accused
. (Code Section 35) In
				  computing periods, the date of service of charges and the date of trial are
				  excluded; holidays and Sundays are included.
Illinois Administrative Code › Title 95 - VETERANS AND MILITARY AFFAIRS › Part 400 - ILLINOIS MANUAL FOR COURT-MARTIAL AND NONJUDICIAL PUNISHMENT › Subpart E - PRETRIAL PROCEDURES › Section 400.540 - Changes to Charges and Specifications

Current through Register Vol. 48, No. 28, July 12, 2024
a) Minor Changes Defined. Minor changes in
				charges and specifications are any except those that add a party, offenses or a
				substantial matter not fairly included in those previously preferred, or that
				are likely to mislead the accused as to the offenses charged.
b) Minor Changes Before Arraignment. Any
				person forwarding, acting upon, or prosecuting charges on behalf of the State,
				except an investigating officer appointed under Section
				400.510
				may make minor changes to charges or specifications before
				arraignment.
c) Minor Changes After
				Arraignment. After arraignment, the military judge may, upon motion, permit
				minor changes in the charges and specifications at any time before findings are
				announced if no substantial right of the accused is prejudiced.
d) Major Changes. Changes or amendments to
				charges or specifications other than minor changes may not be made over the
				objection of the accused unless the charge or specification affected is
				preferred anew.
Illinois Administrative Code › Title 95 - VETERANS AND MILITARY AFFAIRS › Part 400 - ILLINOIS MANUAL FOR COURT-MARTIAL AND NONJUDICIAL PUNISHMENT › Subpart E - PRETRIAL PROCEDURES › Section 400.545 - Withdrawal of Charges

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Withdrawal. The convening authority or superior competent authority may, for
				any reason, cause any charges or specifications to be withdrawn from a
				court-martial at any time before findings are announced.
b) Referral of Withdrawn Charges. Charges
				that have been withdrawn from a court-martial may be referred to another
				court-martial unless the withdrawal was for an improper reason (see RCM 604(b)
				(Discussion)). Charges withdrawn after the introduction of evidence on the
				general issue of guilt may be referred to another court-martial only if the
				withdrawal was necessitated by urgent and unforeseen military
				necessity.
Illinois Administrative Code › Title 95 - VETERANS AND MILITARY AFFAIRS › Part 400 - ILLINOIS MANUAL FOR COURT-MARTIAL AND NONJUDICIAL PUNISHMENT › Subpart F - THE ILLINOIS MILITARY RULES OF EVIDENCE › Section 400.600 - General

Current through Register Vol. 48, No. 28, July 12, 2024
a) Introduction
1) This Subpart F is applicable only to
				courts-martial. It is not applicable to nonjudicial punishment, administrative
				boards, promotion boards, medical retention boards, retention boards, or
				investigations and/or actions pertaining to nonpunitive or administrative
				punishment.
2) This Subpart is also
				maintained in a publication titled Illinois Military Rules of Evidence that is
				organized to coincide with the federal Military Rules of Evidence (MCM Part
				III). In this Subpart, the parenthetical cross-reference at the end of a body
				of text labeled Il. Mil. R. Evid. reflects the numbering system applied to
				these policies in that publication.
Illinois Administrative Code › Title 95 - VETERANS AND MILITARY AFFAIRS › Part 400 - ILLINOIS MANUAL FOR COURT-MARTIAL AND NONJUDICIAL PUNISHMENT › Subpart F - THE ILLINOIS MILITARY RULES OF EVIDENCE › Section 400.605 - Judicial Notice

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Judicial Notice of Adjudicative Facts
1) Scope
				of Section. This Section governs only judicial notice of adjudicative
				facts.
2) Kinds of Facts. A
				judicially noticed fact must be one not subject to reasonable dispute in that
				it is either:
A) generally known universally,
				locally, or in the area pertinent to the event; or
B) capable of accurate and ready
				determination by resort to sources whose accuracy cannot reasonably be
				questioned.
3) When
				Discretionary. The military judge may take judicial notice, whether requested
				or not. The parties shall be informed in open court when, without being
				requested, the military judge takes judicial notice of an adjudicative fact
				essential to establishing an element of the case.
4) When Mandatory. The military judge shall
				take judicial notice if requested by a party and supplied with the necessary
				information.
5) Opportunity To Be
				Heard. A party is entitled, upon timely request, to an opportunity to be heard
				on the propriety of taking judicial notice and the tenor of the matter noticed.
				In the absence of prior notification, the request may be made after judicial
				notice has been taken.
6) Time of
				Taking Notice. Judicial notice may be taken at any stage of the
				proceeding.
7) Instructing Members.
				The military judge shall instruct the members that they may, but are not
				required to, accept as conclusive any matter judicially noticed. (Il. Mil. R.
				Evid. 201)
Illinois Administrative Code › Title 95 - VETERANS AND MILITARY AFFAIRS › Part 400 - ILLINOIS MANUAL FOR COURT-MARTIAL AND NONJUDICIAL PUNISHMENT › Subpart F - THE ILLINOIS MILITARY RULES OF EVIDENCE › Section 400.615 - Privilege Concerning Mental Examination of an Accused

Current through Register Vol. 48, No. 28, July 12, 2024
a) General Rule. The accused has a privilege
				to prevent any statement made by the accused at a mental examination ordered
				under Code Section 76a and any derivative evidence obtained through use of such
				a statement from being received into evidence against the accused on the issue
				of guilt or innocence or during sentencing proceedings. This privilege may be
				claimed by the accused notwithstanding the fact that the accused may have been
				warned of the rights provided by Section 400.625 at the examination.
b) Exceptions
1) There is no privilege under this Section
				when the accused first introduces into evidence such statements or derivative
				evidence.
2) An expert witness for
				the prosecution may testify as to the reasons for the expert's conclusions and
				the reasons therefor as to the mental state of the accused if expert testimony
				offered by the defense as to the mental condition of the accused has been
				received in evidence, but that testimony may not extend to statements of the
				accused except as provided in subsection (b)(1).
Illinois Administrative Code › Title 95 - VETERANS AND MILITARY AFFAIRS › Part 400 - ILLINOIS MANUAL FOR COURT-MARTIAL AND NONJUDICIAL PUNISHMENT › Subpart F - THE ILLINOIS MILITARY RULES OF EVIDENCE › Section 400.620 - Confessions; Admissions; Statements

Current through Register Vol. 48, No. 28, July 12, 2024
a) Definitions. As used in this Section:
1) "Confession" means an acknowledgment of
				guilt.
2) "Admission" means a
				self-incriminating statement falling short of an acknowledgment of guilt, even
				if it was intended by its maker to be exculpatory.
3) "Involuntary" means "involuntary" if it is
				obtained in violation of the self-incrimination privilege or due process clause
				of the Fifth Amendment to the U.S. Constitution or Code Section 31, or through
				the use of coercion, unlawful influence or unlawful inducement.
Illinois Administrative Code › Title 95 - VETERANS AND MILITARY AFFAIRS › Part 400 - ILLINOIS MANUAL FOR COURT-MARTIAL AND NONJUDICIAL PUNISHMENT › Subpart F - THE ILLINOIS MILITARY RULES OF EVIDENCE › Section 400.625 - Warnings About Rights

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				General. A statement obtained in violation of this Section is involuntary and
				shall be treated under Section
				400.620.
b) Definitions. As used in this Section:
1) "Person Subject to the Code" means a
				person acting as a knowing agent of a military unit or of a person subject to
				the Code.
2) "Interrogation" means
				any formal or informal questioning in which an incriminating response either is
				sought or is a reasonable consequence of that questioning.
Illinois Administrative Code › Title 95 - VETERANS AND MILITARY AFFAIRS › Part 400 - ILLINOIS MANUAL FOR COURT-MARTIAL AND NONJUDICIAL PUNISHMENT › Subpart F - THE ILLINOIS MILITARY RULES OF EVIDENCE › Section 400.630 - Standards for Nonmilitary Interrogations

Current through Register Vol. 48, No. 28, July 12, 2024
a) General. When a person subject to the Code
				is interrogated by an official or agent of the United States, State of Illinois
				or any state, the person's entitlement to warnings about rights and the
				validity of any waiver of applicable rights will be determined by the
				principles of law generally recognized in the State of Illinois.
b) Warnings under Code Section 31 and the
				Fifth and Sixth Amendments to the U.S. Constitution are not required during an
				interrogation conducted outside of the U.S., including its possessions, by
				officials of a foreign government or their agents, unless the interrogation is
				conducted, instigated or participated in by SMF or U.S. military forces or
				their agents, or by officials or agents of U.S. federal, state or local
				jurisdictions. A statement obtained from a foreign interrogation is admissible
				unless the statement is obtained through the use of coercion, unlawful
				influence, or unlawful inducement (see MCM Appendix 22). An interrogation is
				not "participated in" by military personnel or their agents or by federal or
				state officials or agents merely because those officials or agents were present
				at an interrogation conducted in a foreign nation by officials of a foreign
				government or their agents, or because such a person acted as an interpreter or
				took steps to mitigate damage to property or physical harm during the foreign
				interrogation. (Il. Mil. R. Evid. 305B)
Illinois Administrative Code › Title 95 - VETERANS AND MILITARY AFFAIRS › Part 400 - ILLINOIS MANUAL FOR COURT-MARTIAL AND NONJUDICIAL PUNISHMENT › Subpart F - THE ILLINOIS MILITARY RULES OF EVIDENCE › Section 400.635 - Evidence Obtained from Unlawful Searches and Seizures

Current through Register Vol. 48, No. 28, July 12, 2024
a) General. Evidence obtained as a result of
				an unlawful search or seizure made by a person acting in a governmental
				capacity is inadmissible against the accused if:
1) Objection. The accused makes a timely
				motion to suppress or an objection to the evidence under this Section;
				and
2) Adequate Interest. The
				accused had a reasonable expectation of privacy in the person, place or
				property searched; the accused had a legitimate interest in the property or
				evidence seized when challenging a seizure; or the accused would otherwise have
				grounds to object to the search or seizure under the U.S. Constitution as
				applied to members of the armed forces.
Illinois Administrative Code › Title 95 - VETERANS AND MILITARY AFFAIRS › Part 400 - ILLINOIS MANUAL FOR COURT-MARTIAL AND NONJUDICIAL PUNISHMENT › Subpart F - THE ILLINOIS MILITARY RULES OF EVIDENCE › Section 400.640 - Body Views and Intrusions

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				General. Evidence obtained from body views and intrusions conducted in
				accordance with this Section is admissible at trial when relevant and not
				otherwise inadmissible under this Section.
b) Visual Examination of the Body
1) Consensual. Visual examination of the
				unclothed body may be made with the consent of the individual subject to the
				inspection in accordance with Section 400.650(a)(5).
2) Involuntary
A) An involuntary display of the unclothed
				body, including a visual examination of body cavities, may be required only if
				conducted in reasonable fashion and authorized under one or more of:
i) Section 400.645, Section 400.650(a)(2) and
				(3) if there is a reasonable suspicion that weapons, contraband or evidence of
				crime is concealed on the body of the person to be searched;
ii) Section 400.650(a)(8) if reasonably
				necessary to maintain the security of the jail or similar facility or its
				personnel;
iii) Section
				400.650(a)(7) and (9) and Section 400.650(b).
B) An examination of the unclothed body under
				this subsection (b) should be conducted whenever practicable by a person of the
				same sex as that of the person being examined; provided, however, that failure
				to comply with this requirement does not make an examination an unlawful search
				within the meaning of Section 400.635.
Illinois Administrative Code › Title 95 - VETERANS AND MILITARY AFFAIRS › Part 400 - ILLINOIS MANUAL FOR COURT-MARTIAL AND NONJUDICIAL PUNISHMENT › Subpart F - THE ILLINOIS MILITARY RULES OF EVIDENCE › Section 400.645 - Inspections and Inventories in the Armed Forces

Current through Register Vol. 48, No. 28, July 12, 2024
a) For purposes of this Section:
1) "Inspection" means an examination of the
				whole or part of a unit, organization, installation, vessel, aircraft, or
				vehicle, including an examination conducted at entrance and exit points,
				conducted as an incident of command the primary purpose of which is to
				determine and to ensure the security, military fitness, or good order and
				discipline of the unit, organization, installation, vessel, aircraft or
				vehicle. Inspections must be conducted in a reasonable fashion and, if
				applicable, must comply with Section 400.640. Inspections may utilize any
				reasonable natural or technological aid and may be conducted with or without
				notice to those inspected.
2)
				"Inventory" means a reasonable examination, accounting or other control measure
				used to account for or control property, assets or other resources. It is
				administrative and not prosecutorial in nature and, if applicable, the
				inventory must comply with Section 400.640. An examination made for the primary
				purpose of obtaining evidence for use in a trial by court-martial or in other
				disciplinary proceedings is not an inventory within the meaning of this
				Section.
Illinois Administrative Code › Title 95 - VETERANS AND MILITARY AFFAIRS › Part 400 - ILLINOIS MANUAL FOR COURT-MARTIAL AND NONJUDICIAL PUNISHMENT › Subpart F - THE ILLINOIS MILITARY RULES OF EVIDENCE › Section 400.655 - Seizures

Current through Register Vol. 48, No. 28, July 12, 2024
a) General Rule.
				Evidence obtained from seizures conducted in accordance with this Section is
				admissible at trial if the evidence was not obtained as a result of an unlawful
				search and if the evidence is relevant and not otherwise inadmissible under
				this Section.
b) Seizure of
				Property. Probable cause to seize property or evidence exists when there is a
				reasonable belief that the property or evidence is an unlawful weapon,
				contraband or evidence of crime, or might be used to resist apprehension or to
				escape.
c) Apprehension.
				Apprehension is governed by Code Section 7.
d) Seizure of Property or Evidence
1) Abandoned Property. Abandoned property may
				be seized without probable cause and without a search warrant or search
				authorization. The seizure may be made by any person.
2) Consent. Property or evidence may be
				seized with consent consistent with the requirements applicable to consensual
				searches under Section 400.650(a).
3) Government Property. Government property
				may be seized without probable cause and without a search warrant or search
				authorization by any person listed in subsection (e), unless the person to whom
				the property is issued or assigned has a reasonable expectation of privacy, as
				provided in Section 400.650(a)(4), at the time of the seizure.
4) Other Property. Property or evidence not
				included in subsections (d)(1) through (3) may be seized for use in evidence by
				any person listed in subsection (e) if:
A)
				Authorization. The person is authorized to seize the property or evidence by a
				search warrant or a search authorization under Section 400.650(b);
B) Exigent Circumstances. The person has
				probable cause to seize the property or evidence and, under Section
				400.650(b)(7), a search warrant or search authorization is not required;
				or
C) Plain View. The person, while
				in the course of otherwise lawful activity, observes in a reasonable fashion
				property or evidence that the person has probable cause to seize.
5) Temporary Detention. Nothing in
				this Section shall prohibit temporary detention of property on less than
				probable cause when authorized under the U.S. Constitution.
Illinois Administrative Code › Title 95 - VETERANS AND MILITARY AFFAIRS › Part 400 - ILLINOIS MANUAL FOR COURT-MARTIAL AND NONJUDICIAL PUNISHMENT › Subpart F - THE ILLINOIS MILITARY RULES OF EVIDENCE › Section 400.660 - Eyewitness Identification

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Eyewitness identification in courts-martial shall be conducted in accordance
				with Section 107A-2 of the Illinois Code of Criminal Procedure (CCP).
b) When the Section 107A-2 uses the following
				terms, for the purposes of this Manual those terms shall have meanings ascribed
				in this subsection (b).
1) CCP Section
				107A-2(b) requires law enforcement to adopt written guidelines for determining
				when simultaneous or sequential lineups shall be conducted. For purposes of
				this Manual, the NGIL-JA, in coordination with civilian law enforcement, will
				develop those guidelines.
2)
				References in CCP Section 107A-2(i) to "State's Attorney" shall be considered
				under this Manual to be references to the "government's counsel".
3) References in CCP Section 107A-2 to "the
				court" shall be read as "military judge".
Illinois Administrative Code › Title 95 - VETERANS AND MILITARY AFFAIRS › Part 400 - ILLINOIS MANUAL FOR COURT-MARTIAL AND NONJUDICIAL PUNISHMENT › Subpart F - THE ILLINOIS MILITARY RULES OF EVIDENCE › Section 400.665 - Relevant Evidence

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Definition. "Relevant evidence" means evidence having any tendency to make the
				existence of any fact that is of consequence to the determination of the action
				more probable or less probable than it would be without the evidence. (Il. Mil.
				R. Evid. 401)
b) General
				Admissibility of Relevant Evidence
1) All
				relevant evidence is admissible, except as otherwise provided by law.
2) Evidence that is not relevant is not
				admissible. (Il. Mil. R. Evid. 402)
Illinois Administrative Code › Title 95 - VETERANS AND MILITARY AFFAIRS › Part 400 - ILLINOIS MANUAL FOR COURT-MARTIAL AND NONJUDICIAL PUNISHMENT › Subpart F - THE ILLINOIS MILITARY RULES OF EVIDENCE › Section 400.670 - Character Evidence; Crimes or Other Acts

Current through Register Vol. 48, No. 28, July 12, 2024
a) Character Evidence
1) Evidence of a person's character or a
				trait of character is not admissible for the purpose of proving action in
				conformity with that person's character on a particular occasion, except:
A) Character of the Accused. Evidence of a
				pertinent trait of character offered by an accused, or by the prosecution to
				rebut that evidence;
B) Subject to
				the Limitations Imposed by Section 115-7 of the Code of Illinois Criminal
				Procedure:
i) evidence of a pertinent trait of
				character of the alleged victim of the crime offered by an accused, or by the
				prosecution to rebut that allegation; or
ii) evidence of a character trait of
				peacefulness of the alleged victim offered by the prosecution in a homicide or
				battery case to rebut evidence that the alleged victim was the first
				aggressor.
C) Evidence
				of the character of a witness, as provided in Section 400.705(g), (h) and
				(i).
Illinois Administrative Code › Title 95 - VETERANS AND MILITARY AFFAIRS › Part 400 - ILLINOIS MANUAL FOR COURT-MARTIAL AND NONJUDICIAL PUNISHMENT › Subpart F - THE ILLINOIS MILITARY RULES OF EVIDENCE › Section 400.675 - Habit and Routine Practice

Current through Register Vol. 48, No. 28, July 12, 2024
Evidence of the habit of a person or of the routine practice
				  of an organization, whether corroborated or not and regardless of the presence
				  of eyewitnesses, is relevant to prove that the conduct of the person or
				  organization on a particular occasion was in conformity with the habit or
				  routine practice. (Il. Mil. R. Evid. 406)
Illinois Administrative Code › Title 95 - VETERANS AND MILITARY AFFAIRS › Part 400 - ILLINOIS MANUAL FOR COURT-MARTIAL AND NONJUDICIAL PUNISHMENT › Subpart F - THE ILLINOIS MILITARY RULES OF EVIDENCE › Section 400.680 - Subsequent Remedial Measures

Current through Register Vol. 48, No. 28, July 12, 2024
When, after an injury or harm allegedly caused by an event,
				  measures are taken that, if taken previously, would have made the injury or
				  harm less likely to occur, evidence of the subsequent measures is not
				  admissible to prove negligence, culpable conduct, a defect in a product, a
				  defect in a product's design, or a need for a warning or instruction. This
				  Section does not require the exclusion of evidence of subsequent measures when
				  offered for another purpose, such as:
a) proving ownership, control or feasibility
				of precautionary measures, if controverted; or
b) impeachment. (Il. Mil. R. Evid.
				407)
Illinois Administrative Code › Title 95 - VETERANS AND MILITARY AFFAIRS › Part 400 - ILLINOIS MANUAL FOR COURT-MARTIAL AND NONJUDICIAL PUNISHMENT › Subpart F - THE ILLINOIS MILITARY RULES OF EVIDENCE › Section 400.685 - Compromise Offers; Offers of Reimbursement; Pleas

Current through Register Vol. 48, No. 28, July 12, 2024
a) Compromise
1) Prohibited Uses of Evidence. Evidence of
				the following is not admissible on behalf of any party, when offered to prove
				liability for, invalidity of, or amount of, a claim that was disputed as to
				validity or amount, or to impeach through a prior inconsistent statement or
				contradiction:
A) Furnishing, offering or
				promising to furnish, or accepting, offering or promising to accept, a valuable
				consideration in compromising or attempting to compromise the claim;
				and
B) Conduct or statements made
				in the compromise negotiations regarding the claim.
Illinois Administrative Code › Title 95 - VETERANS AND MILITARY AFFAIRS › Part 400 - ILLINOIS MANUAL FOR COURT-MARTIAL AND NONJUDICIAL PUNISHMENT › Subpart F - THE ILLINOIS MILITARY RULES OF EVIDENCE › Section 400.690 - Liability Insurance

Current through Register Vol. 48, No. 28, July 12, 2024
Evidence that a person was or was not insured against
				  liability is not admissible to prove whether the person acted negligently or
				  otherwise wrongfully. The military judge may admit this evidence for another
				  purpose, such as proving witness bias or prejudice or proving agency, ownership
				  or control or bias or prejudice of a witness. (Il. Mil. R. Evid.
				  411)
Illinois Administrative Code › Title 95 - VETERANS AND MILITARY AFFAIRS › Part 400 - ILLINOIS MANUAL FOR COURT-MARTIAL AND NONJUDICIAL PUNISHMENT › Subpart F - THE ILLINOIS MILITARY RULES OF EVIDENCE › Section 400.695 - Admissibility of Prior Sexual Activity and Offenses

Current through Register Vol. 48, No. 28, July 12, 2024
a) Admissibility
1) When an accused is charged with
predatory criminal sexual assault of a child, aggravated criminal
				sexual assault, criminal sexual assault, aggravated criminal sexual abuse,
				criminal sexual abuse, or criminal transmission of HIV, and in prosecutions for
				battery/aggravated battery
that involve
sexual penetration or
				sexual conduct
, evidence of
the prior sexual activity or the
				reputation of the alleged victim or corroborating witness is inadmissible
				except
:
A)
as evidence
				concerning the past sexual conduct of the alleged victim or corroborating
				witness under Section 115-7.3 of
the
Code
of Criminal
				Procedure
with the accused when
the
evidence is
				offered by the accused upon the issue of whether the alleged victim or
				corroborating witness consented to the sexual conduct with respect to which the
				offense is alleged; or
B)
when constitutionally required to be admitted.
Illinois Administrative Code › Title 95 - VETERANS AND MILITARY AFFAIRS › Part 400 - ILLINOIS MANUAL FOR COURT-MARTIAL AND NONJUDICIAL PUNISHMENT › Subpart F - THE ILLINOIS MILITARY RULES OF EVIDENCE › Section 400.700 - Privilege

Current through Register Vol. 48, No. 28, July 12, 2024
a) General
1) A person may not claim a privilege with
				respect to any matter except as required by or provided for in:
A) The U.S. Constitution as applied to
				members of the armed forces;
B) An
				Act of Congress applicable to trials by courts-martial;
C) This Manual; or
D) The principles of common law generally
				recognized in the trial of criminal cases in the United States district courts
				pursuant to Rule 501 of the Federal Rules of Evidence insofar as the
				application of those principles in trials by courts-martial is practicable and
				not contrary to or inconsistent with the Code or this Manual.
Illinois Administrative Code › Title 95 - VETERANS AND MILITARY AFFAIRS › Part 400 - ILLINOIS MANUAL FOR COURT-MARTIAL AND NONJUDICIAL PUNISHMENT › Subpart F - THE ILLINOIS MILITARY RULES OF EVIDENCE › Section 400.705 - Witnesses

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a) Competency to
				Testify. Every person is competent to be a witness unless this Section provides
				otherwise. (Il. Mil. R. Evid. 601)
b) Need for Personal Knowledge. A witness may
				testify to a matter only if evidence is introduced sufficient to support a
				finding that the witness has personal knowledge of the matter. Evidence to
				prove personal knowledge may, but need not, consist of the witness' own
				testimony. This subsection (b) is subject to the provisions of Section
				400.715(a)(2) relating to the opinion testimony by expert witnesses. (Il. Mil.
				R. Evid. 602)
c) Oath or
				Affirmation to Testify Truthfully. Before testifying, every witness shall be
				required to declare that the witness will testify truthfully, by oath or
				affirmation administered in a form calculated to awaken the witness' conscience
				and impress the witness' mind with the duty to do so. (Il. Mil. R. Evid.
				603)
d) Interpreter. An interpreter
				is subject to the provisions of this Section relating to qualifications as an
				expert and the administration of an oath or affirmation that the interpreter
				will make a true translation. (Il. Mil. R. Evid. 604)
e) Military Judge's Competency as a Witness
1) The presiding military judge may not
				testify as a witness at any proceeding of that court-martial. A party need not
				object to preserve the issue.
2)
				This Section does not preclude the military judge from placing on the record
				matters concerning docketing of the case. (Il. Mil. R. Evid. 605)
Illinois Administrative Code › Title 95 - VETERANS AND MILITARY AFFAIRS › Part 400 - ILLINOIS MANUAL FOR COURT-MARTIAL AND NONJUDICIAL PUNISHMENT › Subpart F - THE ILLINOIS MILITARY RULES OF EVIDENCE › Section 400.710 - Opinion Testimony by Lay Witnesses

Current through Register Vol. 48, No. 28, July 12, 2024
If the witness is not testifying as an expert, the witness'
				  testimony in the form of opinions or inferences is limited to those opinions or
				  inferences that are:
a) rationally
				based on the perception of the witness;
b) helpful to a clear understanding of the
				witness' testimony or the determination of a fact in issue; and
c) not based in scientific, technical or
				other specialized knowledge within the scope of Section 400.715(a). (Il. Mil.
				R. Evid. 701)
Illinois Administrative Code › Title 95 - VETERANS AND MILITARY AFFAIRS › Part 400 - ILLINOIS MANUAL FOR COURT-MARTIAL AND NONJUDICIAL PUNISHMENT › Subpart F - THE ILLINOIS MILITARY RULES OF EVIDENCE › Section 400.715 - Expert Testimony; Polygraph Examinations

Current through Register Vol. 48, No. 28, July 12, 2024
a) Expert Witnesses
1) Testimony by Expert Witnesses
A) If scientific, technical or other
				specialized knowledge will assist the trier of fact to understand the evidence
				or to determine a fact in issue, a witness qualified as an expert by knowledge,
				skill, experience, training or education may testify in the form of an opinion
				or otherwise.
B) When an expert
				witness testifies to an opinion based on a new or novel scientific methodology
				or principle, the proponent of the opinion has the burden of showing the
				methodology or scientific principle on which the opinion is based is
				sufficiently established to have gained general acceptance in the particular
				field in which it belongs. (Il. Mil. R. Evid. 702)
Illinois Administrative Code › Title 95 - VETERANS AND MILITARY AFFAIRS › Part 400 - ILLINOIS MANUAL FOR COURT-MARTIAL AND NONJUDICIAL PUNISHMENT › Subpart F - THE ILLINOIS MILITARY RULES OF EVIDENCE › Section 400.720 - Hearsay Exclusions

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Definitions. The following definitions apply to this Section:
1) "Declarant" means a person who makes a
				statement.
2) "Hearsay" means a
				statement, other than the one made by the declarant while testifying at the
				trial or hearing, offered in evidence to prove the truth of the matter
				asserted. A statement is not hearsay if it is:
A) a prior statement by the witness. In a
				criminal case, the declarant testifies at the trial or hearing and is subject
				to cross-examination concerning the statement, and the statement is:
i)
inconsistent with
the
				declarant's
testimony at the trial or hearing, and:
*
was made under oath at a trial, hearing or
other
proceeding or in a deposition;
*
narrates, describes or explains an event or
				  condition of which
the declarant
had personal
				  knowledge,
and
the statement is proved to have been written or
				  signed by
the declarant;
* the declarant
acknowledged under oath the making of
				  the statement in
his
or her
testimony at the
				  hearing or trial in which the admission into evidence of the prior statement is
				  being
sought;
at
another
trial, hearing or
				  other proceeding; or in a deposition; or
*
the statement is proved to have been accurately
				  recorded by a tape recorder, videotape recording,
or
any other
				  similar electronic means of sound recording;
or [
				  725 ILCS
				  5/115-10.1]
ii)
one of identification of a person
				made after perceiving
the person; or [
				725 ILCS
				5/115-12 ]
B) an admission by a party-opponent offered
				against a party and is:
i) the party's own
				statement in either the party's individual or representative
				capacity;
ii) a statement of which
				the party has manifested the party's adoption or belief in its truth;
iii) a statement by a person authorized by
				the party to make a statement concerning the subject;
iv) a statement by the party's agent or
				servant concerning a matter within the scope of the agency or employment of the
				agent or servant, made during the existence of the relationship;
v) a statement by a co-conspirator of a party
				during the course and in furtherance of the conspiracy; or
vi) a statement by a person, or a person on
				behalf of an entity, in privity with the party or jointly interested with the
				party.
3)
				"Statement" means:
A) an oral or written
				assertion; or
B) nonverbal conduct
				of a person, if it is intended by the person as an assertion. (Il. Mil. R.
				Evid. 801)
Illinois Administrative Code › Title 95 - VETERANS AND MILITARY AFFAIRS › Part 400 - ILLINOIS MANUAL FOR COURT-MARTIAL AND NONJUDICIAL PUNISHMENT › Subpart F - THE ILLINOIS MILITARY RULES OF EVIDENCE › Section 400.725 - Authenticating Evidence

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Authenticating or Identifying Evidence
1)
				General. The requirement of authentication or identification as a condition
				precedent to admissibility is satisfied by evidence sufficient to support a
				finding that the matter in question is what its proponent claims.
2) Illustrations. By way of illustration
				only, and not by way of limitation, the following are examples of
				authentication or identification conforming with the requirements of this
				Section:
A) Testimony of Witness with
				Knowledge. Testimony that a matter is what it is claimed to be.
B) Nonexpert Opinion on Handwriting.
				Nonexpert opinion as to the genuineness of handwriting, based upon familiarity
				not acquired for purposes of the litigation.
C) Comparison by Trier or Expert Witness.
				Comparison by the trier of fact or by expert witnesses, with specimens that
				have been authenticated.
D)
				Distinctive Characteristics. Appearance, contents, substance, internal patterns
				or other distinctive characteristics, taken in conjunction with
				circumstances.
E) Voice
				Identification. Identification of a voice, whether heard firsthand or through
				mechanical or electronic transmission or recording, by opinion based upon
				hearing the voice at any time under circumstances connecting it with the
				alleged speaker.
F) Telephone
				Conversations. Telephone conversations, by evidence that a call was made to the
				number assigned at the time by the telephone company to a particular persons or
				business, if:
i) in the case of a person,
				circumstances, including self-identification, show the person answering to be
				the one called; or
ii) in the case
				of a business, the call was made to a place of business and the conversation
				related to business reasonably transacted over the telephone.
G) Public Records or Reports.
				Evidence that a writing authorized by law to be recorded or filed, and in fact
				recorded or filed in a public office, or a purported public record, report,
				statement or data compilation, in any form, is from the public office where
				items of this nature are kept.
H)
				Ancient Documents or Data Compilation. Evidence that a document or data
				compilation, in any form:
i) is in such
				condition as to create no suspicion concerning its authenticity;
ii) was in place where it, if authentic,
				would likely be; and
iii) has been
				in existence 20 years or more at the time it is offered.
I) Processor System. Evidence describing a
				processor system used to produce a result and showing that the process or
				system produces an accurate result.
J) Methods Provided by Statute or Rule. Any
				method of authentication or identification provided by statute, Illinois
				Supreme Court rules, or other applicable rules prescribed pursuant to statutory
				authority. (Il. Mil. R. Evid. 901)
Illinois Administrative Code › Title 95 - VETERANS AND MILITARY AFFAIRS › Part 400 - ILLINOIS MANUAL FOR COURT-MARTIAL AND NONJUDICIAL PUNISHMENT › Subpart F - THE ILLINOIS MILITARY RULES OF EVIDENCE › Section 400.730 - Documentary Evidence

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Subscribing Witnesses' Testimony. The testimony of a subscribing witness is not
				necessary to authenticate a writing unless required by the laws of the
				jurisdiction whose laws govern the validity of the writing. (Il. Mil. R. Evid.
				903)
b) Contents of Writings,
				Recordings and Photographs
For purposes of this Section, the following definitions
				  apply:
1) "Duplicate" means a
				counterpart produced by the same impression as the original, or from the same
				matrix, or by means of photography, including enlargements and miniatures, or
				by mechanical or electronic rerecording, or by chemical reproduction, or by
				other equivalent techniques that accurately reproduce the original. (Il. Mil.
				R. Evid. 1001; see also Il. Mil. R. Evid. 902)
2) "Original" of a writing or recording means
				the writing or recording itself or any counterpart intended to have the same
				effect by a person executing or issuing it. An "original" of a photograph
				includes the negative or any print. If data are stored in a computer or similar
				device, any printout or other output readable by sight, shown to reflect the
				data accurately, is an "original".
3) "Photographs" means still photographs,
				X-ray films, video tapes, and motion pictures and similar or other products or
				processes that produce a recorded image.
4) "Writings" and "Recordings" means letters,
				words, sounds or numbers, or their equivalent, set down by handwriting,
				typewriting, printing, photocopying, photographing, magnetic impulse,
				mechanical or electronic recording, or other form of data compilation. (Il.
				Mil. R. Evid. 1001)
Illinois Administrative Code › Title 95 - VETERANS AND MILITARY AFFAIRS › Part 400 - ILLINOIS MANUAL FOR COURT-MARTIAL AND NONJUDICIAL PUNISHMENT › Subpart F - THE ILLINOIS MILITARY RULES OF EVIDENCE › Section 400.735 - Applicability of This Subpart

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Except as otherwise provided in this Manual, this Subpart applies generally to:
1) all courts-martial, including summary
				court-martial;
2) Code Section 39
				hearings;
3) limited fact-finding
				proceedings ordered on review;
4)
				proceedings in revision; and
5)
				contempt proceedings other than contempt proceedings in which the judge may act
				summarily.