General Discussion
In reply to the discussion: To the Manning defenders... [View all]FedUp_Queer
(975 posts)Under Title 10, Chapter 47 of the UCMJ, I do notice this prescient section:
10 USC 809(c): No person may be ordered into arrest or confinement except for probable cause
10 USC 810: Any person subject to this chapter charged with an offense under this chapter shall be ordered into arrest or confinement, as circumstances may require; but when charged only with an offense normally tried by a summary court-martial, he shall not ordinarily be placed in confinement. When any person subject to this chapter is placed in arrest or confinement prior to trial, immediate steps shall be taken to inform him of the specific wrong of which he is accused and to try him or to dismiss the charges and release him.
In doing a search, I could not find a rules of evidence for courts-martial. However, under the Federal Rules of Evidence, prior acts are admissible only if the character trait in issue is an element of the crime charged. Prior acts MAY be admissible to impeach the credibility of a witness. In other words, it MAY go to his credibility as a witness, but such actions are not relevant to the elements of the crime he is charged with, I don't think. Either way, I don't think any court found him guilty of these things, let alone even charged him. The exceptions to this no prior acts rule come in sexual assault or rape cases.