Section III · Exclusionary Rules and Related Matters Concerning Self-Incrimination, Search and Seizure, and Eyewitness Identification

Rule 302. Privilege concerning mental examination of an accused

2024 Manual for Courts-Martial, United States

Recent revisions Summary of changes Cited by (13)
(a) General rule. The accused has a privilege to prevent any statement made by the accused at a mental examination ordered under R.C.M. 706 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 Mil. R. Evid. 305 at the examination.
(b) Exceptions.
(1) There is no privilege under this rule when the accused first introduces into evidence such statements or derivative evidence.
(2) If the court-martial has allowed the defense to present expert testimony as to the mental condition of the accused, an expert witness for the prosecution may testify as to the reasons for his or her conclusions, but such testimony may not extend to statements of the accused except as provided in subdivision (b)(1).
(c) Release of Evidence from an R.C.M. 706 Examination. If the defense offers expert testimony concerning the mental condition of the accused, the military judge, upon motion, must order the release to the prosecution of the full contents, other than any statements made by the accused, of any report prepared pursuant to R.C.M. 706. If the defense offers statements made by the accused at such examination, the military judge, upon motion, may order the disclosure of such statements made by the accused and contained in the report as may be necessary in the interests of justice.
(d) Noncompliance by the Accused. The military judge may prohibit an accused who refuses to cooperate in a mental examination authorized under R.C.M. 706 from presenting any expert medical testimony as to any issue that would have been the subject of the mental examination.
(e) Procedure. The privilege in this rule may be claimed by the accused only under the procedure set forth in Mil. R. Evid. 304 for an objection or a motion to suppress.
Cross-referencesCited by 13Cites 3
Cited by

Provisions elsewhere in the Manual whose text cites Rule 302. Each link opens the citing provision.

Rules for Courts-Martial
Discussion under R.C.M. 303 — Preliminary inquiry into reported offenses
…investigation. The Military Rules of Evidence should be consulted when conducting interrogations ( see Mil. R. Evid. 301-306), searches ( see Mil. R. Evid. 311-317), and eyewitness identifications (see Mil. R. Evid. 321). If the…
R.C.M. 305(j)(2)(A)(ii) — Pretrial confinement
Rules of evidence. Except for Mil. R. Evid., Section V (Privileges) and Mil. R. Evid. 302 and 305, the Military Rules of Evidence shall not apply to the matters considered.
R.C.M. 405(j)(1)(A)(i) — Preliminary hearing
Mil. R. Evid. 301-303 and 305.
…certain mental examinations of the accused or third party patients, see R.C.M. 701(f), R.C.M. 706, Mil. R. Evid. 302 and Mil. R. Evid. 513.
…responsibility. See R.C.M. 706 concerning inquiries into the mental responsibility of the accused. See Mil. R. Evid. 302 concerning statements by the accused during such inquiries. If the defense needs more detail as to the time,…
R.C.M. 701(b)(4) — Discovery
…by the Government, the defense, on request of the trial counsel, shall (except as provided in R.C.M. 706, Mil. R. Evid. 302, and Mil. R. Evid. 513) permit the trial counsel to inspect the results or reports, or copies thereof, of…
Discussion under R.C.M. 706(c)(3)(C) — Inquiry into the mental capacity or mental responsibility of the accused
…trial counsel; administrative action may be taken to discharge the accused from the service; or, subject to Mil. R. Evid. 302, the charges may be tried by court-martial.”
Discussion under R.C.M. 706(c)(5) — Inquiry into the mental capacity or mental responsibility of the accused
See Mil. R. Evid. 302.
R.C.M. 1108(c)(4)(B) — Vacation of suspension of sentence
Rules of evidence. Only Mil. R. Evid. 301, 302, 303, 305, 412, and Section V (Privileges) apply to proceedings under this rule, except Mil. R. Evid. 412(b)(1)(C) does not…
Military Rules of Evidence
Mil. R. Evid. 104(c)(1) — Preliminary questions
the hearing involves the admissibility of a statement of the accused under Mil. R. Evid. 301-306;
Mil. R. Evid. 304(f)(1) — Confessions and admissions
Motions to suppress or objections under this rule, or Mil. R. Evid. 302 or 305, to any statement or derivative evidence that has been disclosed must be made by the defense prior to…
Mil. R. Evid. 513(d)(7) — Psychotherapist—patient privilege
…mental condition in defense, extenuation, or mitigation, under circumstances not covered by R.C.M. 706 or Mil. R. Evid. 302. In such situations, the military judge may, upon motion, order disclosure of any statement made by the…
Mil. R. Evid. 1102(b) — Amendments
…has determined that the following Federal Rules of Evidence do not apply to the Military Rules of Evidence: Rules 301, 302, 415, and 902(12).
Rule 302 cites

Provisions named in the text of Rule 302. Where the cited provision is on this site, the link opens it.