Double Jeopardy – DivX Version (Normal Quality), DVD (Good Quality), PDA Version
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IMDB rating: 5.90 Plot: When Nick Parsons appears to be murdered his wife Libby is tried and convicted. Six years later Libby is paroled and with the help of Travis Lehman (her parole officer) she sets out to find her son and the truth behind the “murder”. |
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DivX Version (Normal Quality), DVD (Good Quality), PDA Version
Actors: Jones Tommy Lee,Weir Benjamin,Brazeau Jay,Greenwood Bruce,Maclaren John,Evanko Ed,Campbell Bruce,Elliott Brennan,Gaston Michael,McBeath Tom,Jacox David,Thriller,Drama,Mystery,Crime,
is it legal to be tried in both civilian and military court for the same crime?
How does this not violate a defendants right against double jeopardy?
is there a perticular court case that upholds this or a perticular article that sates that this wouldnt be double jeapordy.
this is for a paper i am writing for a political science class i am taking.
Yes, it happens all the time.
The courts have ruled over and over that it’s not double jeopardy. In the case of the Oklahoma City bombing Terry Nichols was tried and convicted by both the federal government and the State of Oklahoma. Same crime.
The cops who beat that cretin, Rodney King, were acquitted by the State of California and convicted by a federal court. Same crime.
Many KKK members who were acquitted by State Courts in the South, back in the 60’s, have since been convicted by federal courts. Same crimes.
Yak Rider | Nov 15, 2009
Yes, it is legal. Military courts fall under a federal jurisdiction, while civilian courts are run by the states. Because they are separate jurisdictions, double jeopardy doesn’t apply.
MVR | Nov 15, 2009
Of course if’s legal. You’re government property so the military will punish you. You are also accountable for your actions in the civilian world so you can be prosecuted by their courts.
as2633 | Nov 15, 2009
Years ago it was explained to me by a JAG officer that being tried for the same offense civil and military is like being shot and killed twice, it can only happen once.
However understand depending on what was done the military can try you for something entirely different related to the offense. For example, we all know we’re not supposed to drink and drive, however if you go out in town and drink and drive and are caught, you’ll go to jail, go to court, pay a fine etc, etc. The military can get you for disobeying a lawful order or if commited the crime during the week and jailed causing you to be UA/ AWOL then you can get in trouble for being UA/AWOL.
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Cadillac Man | Nov 15, 2009
Yes, it’s absolutely permitted.
John in PA | Nov 15, 2009
What you are talking about are the jurisdictional lines that separate military from civilian jurisdiction. Double jeopardy by its definition is a trial of the same defendant, on the same charge before the same sovereign, or court. Here, military and civilian courts are considered different sovereigns, dealing with different bodies of law, so there is no prohibition per se against a defendant being tried by both a military and a civilian court. The Code of Federal Regulations, however, does contain a prohibition against a civilian being tried by a military court when the civilian courts are open and functioning. See ex parte Milligan. Jurisdiction over military personnel is generally reserved for military courts, and civilians for military courts. One noted exception was a death penalty case against a former service member who, several years after his release from the military was tried and condemned by a military court for offenses committed during his time in uniform.
Jeffrey V | Nov 15, 2009
Yes and no you aren’t tried for the exact same offense.
In the U.S. military courts martial are subject to the same law of double jeopardy, as the U.S. Constitution is the supreme law of the military, superseding the Uniform Code of Military Justice. Nonjudicial punishment is considered akin to a civil case and is subject to lower standards than a court martial, which is the same as a court of law. However if a non-judicial or NJP proceeding fails to produce conclusive evidence, the commanding officer (or ranking official presiding over the NJP) is not allowed to prepare the same charge against the military member in question. In a court martial, acquittal of the defendant means he is protected permanently from having those charges reinstated.
Double jeopardy also does not apply if the defendant was never tried from the start. Charges that were dropped or put on hold for any reason can always be reinstated in the future if not barred by any statute of limitations.
For example: If you get a DUI off post, the civilian authories can fine you, take your license and even lock you up. You can still face charges by your unit commander for violating special orders (2nd offense or violation of a safety brief), unbecoming an officer (if that’s your rank), underage drinking, whatever the post commander policy is, etc. You normally would receive a general officer’s memorandum of record (GOMOR) for off-post offenses. Now if it was murder or domestic violence that happened off post, it will depend on who has jurisdiction and what the policy is for these types of offenses. Normally crimes by and against service members are persecuted by the military.
Why?
Shock and Awe | Nov 15, 2009
Ronald Lynch