If a person is out of the military and is a civilian and is NOT in the IRR, if his crime was a civilian crime then how can the military reactivate him to prosecute him?
There was a show on tv where a soldier had long been out of the Army. He was arrested for murder that had nothing to do with the military and was eventually convicted and then released because of a higher court's overruling. Then the Army stepped in and tried him and he is now sentenced to death.
How does double jeopardy not apply in this case?How does the military get around the constitution when someone is tried twice for murder?I know exactly who you are talking about. I'm not an legal expert but from what I read the reason is because he was originally tried in North Carolina state court. Since they didn't get him the Army was still able to get him based on the fact that UCMJ is under federal jurisdiction versus NC being under state jurisdiction. Supposedly that falls under the separate sovereigns clause to double jeopardy.How does the military get around the constitution when someone is tried twice for murder?If your a retired vet and get tried for murder and win then the government can recall you and try you for the same murder under FEDERAL law. so it's technically not double jeopardy !How does the military get around the constitution when someone is tried twice for murder?Watch the whole show they told how that could beHow does the military get around the constitution when someone is tried twice for murder?
"There was a show on tv"
Uh huh.
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