The exclusionary rule

bestmilitarydefensedefenseattorneys10.02.43PMcopyNo statement obtained in violation of Article 31,27 Miranda ,28 Sixth Amendment,29 or due process may be received in evidence in the case in chief in a trial by court-martial against the subject of the violation. Evidence resulting from “mere” procedural violations may be allowed to impeach the testimony of the accused. Rationale for allowing impeachment use is that in an impeachment situation, the search for the truth in a criminal case outweighs the deterrence value of the exclusionary rule. Coerced statements are inadmissible for all purposes, to include impeachment of the accused. Otherwise inadmissible statements may also be admissible in a later prosecution against the accused for perjury, false swearing, or making of a false official statement.