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To: jagusafr
Second, it sounds like you were sitting on an administrative discharge board, since double jeopardy would likely bar a military prosecution for the same offense of which he’d already been convicted in civilian court. There are exceptions, but few.

It sounds as if that is probably what it was. Is there a "shorthand" term for that sort of board or hearing?

Thanks.

Hmm, since two separate "sovereigns" would be involved, how is that different from being tried in state and federal court for the same actions?

627 posted on 08/31/2009 6:06:37 PM PDT by El Gato ("The Second Amendment is the RESET button of the United States Constitution." -- Doug McKay)
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To: El Gato

“since two separate “sovereigns” would be involved, how is that different from being tried in state and federal court for the same actions?”

As follows: Generally, if a crime is committed downtown, the military authorities will let the locals handle it. Although AD members are subject to the UCMJ 24/7, military authorities will cede jurisdiction to the locals if the major impact was in the local community (off-base DWI, assault on a civilian, etc.) AND it isn’t a peculiarly military offense (AWOL, Stupid on Station, Art 133-134, disobeying lawful order, etc.). There’s case law that makes a subsequent court martial after civilian conviction double-jeopardy but I don’t have it at my fingertips. Even multiple charges and specifications within a CM can be duplicative (”duplicious”, we call it - dunno why...) for sentencing purposes, meaning dual punishment for the same conduct.

Colonel, USAFR


657 posted on 09/01/2009 7:17:30 AM PDT by jagusafr (Kill the red lizard, Lord! - nod to C.S. Lewis)
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