Typically, no government can try you twice for the same violent crime. Thanks to the Fifth Amendment to the U.S. Constitution, the government cannot bring charges again and again until it finds a court willing to convict you. Once a court finds you not guilty and appeals courts uphold the verdict, there is nothing more the government can do. This important legal principle is known as double jeopardy, meaning that the government cannot prosecute you twice for the same offense.
However, the dual sovereignty doctrine is an exception to the double jeopardy rule, and it can result in a member of the military being tried twice for the same violent crime. If the acts you have been accused of are criminal under state and federal law, they are considered two separate crimes for legal purposes. Even if a court-martial does not convict you, there is a chance that a state court will.
Double Jeopardy
The Fifth Amendment was included in the Bill of Rights to protect citizens from repeated prosecutions for the same offense. The Fifth Amendment states that no person shall “be subject for the same offence to be twice put in jeopardy of life or limb.” This is the double jeopardy rule, and it prevents the government from maliciously bringing one prosecution after another. However, there is an exception to this rule.
Dual Sovereignty
According to Congress.gov, two sovereign governments can prosecute the same offense separately. These prosecutions don’t violate the double jeopardy rule because the offense against each government is distinct. For example, assault is a crime under both the Uniform Code of Military Justice and Colorado law. If you’re accused of assault while serving at a military base in Colorado, then both the military and the state of Colorado can charge you. The offense against military law is separate from that against state law, even if you’re only accused of committing one assault.
The United States Supreme Court has found that such double prosecutions do not violate the Fifth Amendment. According to Congress.gov, the Supreme Court has repeatedly refused to change this judgment. The offenses against federal or military law and against state law are not the same for legal purposes, even if they both refer to the same act.
Article 15
Prosecution by military and state courts is not the only situation in which a soldier can be punished twice for the same offense. The Army may use an administrative procedure called Article 15 to punish a soldier without a judicial proceeding. Because an Article 15 procedure is not a judicial proceeding, double jeopardy does not apply. A soldier can be punished under Article 15 and receive a court-martial for the same offense.
A soldier who has already been punished under Article 15 can request dismissal of court-martial charges for a minor offense. However, this is not an option for more serious charges. Either way, the soldier can still face criminal charges under state law.
Contact a Criminal Defense Lawyer Immediately
If you’re serving in the U.S. military and you’ve been charged with a violent crime, you need the best legal defense you can find. Court Martial Law Division – A Division of Aviso Law LLC, has the military law experience and knowledge needed to provide you with a vigorous defense. Whether you are facing charges at a court-martial or in Colorado state court, we will help you stand up for your rights and defend yourself against these charges. Contact us today for a consultation to discuss your case and learn more about how we’ll work to protect your freedom.
