Professional Documents
Culture Documents
Military Judge:
55 MJ 621 (2001).
55 MJ at
as follows.
In June, the
Appellants
No
Also,
agents arrived.
At trial, the
Mil.R.Evid.
We review de novo a
[It] recognizes
It provides:
Article 31(d)
provides:
No statement obtained from any person in
violation of this article, or through the use
of coercion, unlawful influence, or unlawful
inducement may be received in evidence
against him in a trial by court-martial.
When a chaplain questions a penitent in a confidential and
clerical capacity, the results may not be used in a courtmartial because they are privileged.
Conversely, if a
However, a
Phillips, supra.
The fact
Elstad, supra.
United States v.
Instead,
55 MJ at 623.
Instead of providing
Accordingly, we
must reverse.
CONCLUSION
The decision of the United States Army Court of Criminal
Appeals is reversed.
10
11
United States v.
Additionally,
In the final
(1973).
Finally, neither state nor federal courts have applied the
exclusionary rule to evidentiary privileges, let alone to
evidence derived from evidentiary privileges.2
Whatever [the]
United States v. Seiber, 12 USCMA 520, 523, 31 CMR 106, 109 (1961)(the
violation of a privilege has no applicability to extra-judicial occurrences);
United States v. Squillacote, 221 F.3d 542, 559-61 (4th Cir. 2000); State v.
Sandini, 395 So.2d 1178 (Fla. App. 1981); People v. Burnidge, 687 N.E.2d 813
(Ill. 1997); Chase v. State, 706 A.2d 613 (Md. App. 1998); see also United
States v. Boffa, 513 F.Supp. 517 (D.Del. 1981).
It was during
They are:
Id. at h.
Id. at i.
Appellant
Appellant
Id. at s.
revealed that he was 25 years old and had spent 7 years in the
United States Army.
appellant said:
I failed as a father...[Sobbing]...and didnt deny
anything when confronted about what happened. I know I
needed to get help in order to live my life correctly.
My wife and I briefly talked about it and agreed that I
would get help.
* * *
The day after the incident occurred, I sat down
with Maria and started crying. I explained to her that
what I did was wrong and not to let anyone do that to
her again.
Since that day Ive done all that I can do to make
things right. I looked for help on my own. And when
that failed, I went to the chaplain for help. He
convinced me that the best thing to do was to turn
myself in, and the next day I did so.
7
United
The presumption of
Here, there
There is a
The
He
Instead, he returned
It certainly
Likewise,
10
The
Chaplain S
55 MJ at 623.
11
stepfather, betrayed that role by sexually abusing his stepdaughter while his wife was hospitalized.
12