Written by attorney Rixon Charles Rafter III

No Double Jeopardy under UCMJ

Under the UCMJ a service member may not be charged a second time for the same offense. See 844. ART. 44 where the UCMJ provides: “(a) No person may, without his consent, be tried a second time for the same offense.

(b) No proceeding in which the accused has been found guilty by court- martial upon any charge or specification is a trial in the sense of this article until the finding of guilty has become final after review of the case has been fully completed.

(c) A proceeding which, after the introduction of evidence but before a finding, is dismissed or terminated by the convening authority or motion of the prosecution for failure of available evidence or witnesses without any fault of the accused is a trial in the sense of this article."

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