Here’s one to point to when someone says the Military doesn’t prosecute their own.
He’s are screwed.
Double jeopardy doesn’t extend to the Military. I think they told me that like the 5th day of boot
The new DNA laws explain why it isn’t double jeopardy.
http://www.dna.gov/uses/postconviction/
Postconviction Testing
That case prompted a True Crime PB, which took the POV that the case was an Inspiring, Uplifting example of Justice Done and Innocence Vindicated. Weird to read about this apparent reversal. I wonder if the PB will be republished edited and with a few new chapters?
Robert Bork famously said that if he were guilty he would rather face a civilian jury, if innocent, a court-martial.
Does sound like double-jeopardy.
Ok, I am an illegal alien or a regular Joe. I do this crime and nothing can be done to me. But because I was in the service, I am going to get tried for ‘triple jeopardy’?
Something ain’t right here!
Fascinating case. This is really strange how he can be found innocent in a civilian courtroom, but retried under the UCMJ. Your post indicates new DNA evidence, but I thought the reference said at least some DNA analysis was done at the time. Specifically the DNA from the woman’s rape was not a match. Think this is why they are dropping the rape charge - because he didn’t rape her? I would think that would be pretty important to prove unless he had an accomplice. Still, fascinating (unless your Tim Hennis).
The thing to remember here is the military justice system is a completely different animal from the civilian justice system.
The two are not linked in any way shape or form, so Double jeopardy is not an issue here.
After 24 years in the Air Force and involvement in several justice matters involving co-workers or my own troops — in the military you are considered GUILTY until you can prove your innocense.
Being innocent of a civilian charge does not mean that your behavior was favorable to the military...and unfavorable conduct to the military can cost you a court martial without being “double jeopardy” in regards to a civilian crime.
“Last year after a detective reviewing the case uncovered DNA evidence that couldn’t be tested using technology available in the mid-1980s.”
Nothing like a cliff-hanging incomplete sentence to get the old appetite for better writing in gear, is there?
It isn’t double jeopardy. Two different jurisdictions. State and Federal.
This is some very strange stuff. Coming on Nifong’s heels, especially.