Level Extreme platform
Subscription
Corporate profile
Products & Services
Support
Legal
Français
Military Court Not Double Jeopardy
Message
General information
Forum:
News
Category:
Articles
Miscellaneous
Thread ID:
01371413
Message ID:
01371494
Views:
14
Normally I would be resistant to anything close to double jepardy, but in this case I have to agree.

>>Interesting. What's your opinion on this?
>>
>>>http://www.newsobserver.com/print/saturday/city_state/story/674587.html
>>>http://www.fayobserver.com/article?id=315031
>
>Go for it. Often the military will refrain from filing charges if the local civililian authorities wish to do so. The evidence came about later and obviously the civilian courts could not try him again, so luckily the military courts still can.
>
>There is an explanation of the rules here:
>
>a single act by a single individual can transgress two laws and therefore be two offenses and therefore be punishable by both courts
>..
>such a situation can only occur in a country with a federal system of government where the separate sovereign states retain certain definite powers and where the central government enacts duplicate legislation or else encroaches upon those powers
>
>http://query.nytimes.com/mem/archive-free/pdf?_r=1&res=9A03E7D61630E433A25754C2A9649D946395D6CF
>
>and this:
>
>Criminal prosecution in both federal and state courts is also a constitutional possibility. The Constitution’s double jeopardy clause is not applicable because two different sovereigns are involved, i.e. the federal government and state government. As a matter of policy, however, a person who is pending trial or has been tried by a State court is ordinarily not tried by court-martial for the same act.
>
>Commission of an offense overseas may result in trial by the host nation. Under international law, a foreign nation has jurisdiction to punish offenses committed within its borders by members of a visiting force, unless it expressly or by implication consents to relinquish its jurisdiction to the visiting sovereign. Generally, the United States has concluded Status of Forces agreements with host nations that indicate which sovereign will have primary jurisdiction over particular offenses. To the extent possible, efforts are made under such agreements to maximize the exercise of court-martial jurisdiction over military members or other persons subject to the Uniform Code of Military Justice.
>

>
>http://www.usmilitarylawyer.com/types-of-court-martial.asp
ICQ 10556 (ya), 254117
Previous
Reply
Map
View

Click here to load this message in the networking platform