Double Jeopardy Doesn’t Apply To Those In Uniform
The Army recalled MSgt Timothy Hennis back to active duty to be tired for 3 counts of murder after his conviction in a state court was overturned and he was acquitted in a new trial ordered by a state appeals court. The immediate question one asks is, how can the military try a Soldier for something for which he has been acquitted? Isn’t that Double Jeopardy?
Military Members Fall Under Local, State and Federal Laws
Military justice is federal law and every military member is subject to this law 24/7, 365 days of the year. This applies while they are in uniform on duty and when they are off duty in civilian clothes or on leave. Military members are also subject to the local laws in the states in which they are stationed even if they vote in a different state. This means the military members are under both state and federal laws at all times, and if one of these levels of law acquits (or convicts), that does not prohibit the other from filing charges against the Soldier, Airman, Marine, or Sailor.
Not Double Jeopardy
This may seem unfair and a case of double jeopardy for all of our military members. It is true the U.S. military holds our members to higher code of conduct and commanders hold military members responsible for their individual actions. Retirees are no exception. As a condition of their retirement pension they are always subject to recall to active duty and they are subject to the federal UCMJ laws for the rest of their lives. MSgt Hennis retired from active duty in 2004 with a full pension.
General Court-Martial
MSgt Hennis has been recalled to active duty and the military judge is hearing motions at Fort Bragg regarding his pending court-martial. Having been tried and acquitted by a state court system, Hennis now stands trial in a general court-martial under the federal military legal system. This is not true double jeopardy because the sovereign authority of a state government is considered to be different under our U.S. Constitution than the sovereign authority of the federal government, in this case, in the form of the UCMJ.
Tags: court-martial, military, MSG Hennis, Puckett Faraj, Recall, UCMJ, US Constitution
