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Parent Motion to Dismiss on Behalf of all Defendants
Date June 1946
Language English
Collection Tavenner Papers & IMTFE Official Records
Box Box 3
Folder General Reports and Memoranda from June 1946
Repository University of Virginia Law Library
Provides without authority of law that the technical rules of evidence (as heretofore applied by military commissions and courts) shall not be binding on the tribunal and that the tribunal may apply an unknown standard and rule of evidence of its own making, limited only by the views of the tribunal as to what constitutes probative value; that portion of Article 13 (a) which provides for the admission in evidence of purported admissions and statements of the defendant apparently without regard to the free and voluntary character thereof; Article 13 (c) (1) to (5), all inclusive, which provides generally for the admission in evidence against the defendant of heresay and ex parte statements, reports, affidavits and deposition, thus depriving the defendant of the ordinary right established since time immemorial to be confronted in military and criminal trials by the witnesses against him and to be afforded an opportunity to cross-examine any witness against him; Article 13 (a) which provides that the tribunal may take judicial notice of described matters which have never heretofore been considered as properly within the scope of the doctrine of judicial notice; and in other respects to be argued. s/s Somei Uzawa UZAWA, Somei Chief Defense Counsel -4-