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is it legal to be tried in both civilian and military court for the same crime?
How does this not violate a defendants right against double jeopardy?
is there a perticular court case that upholds this or a perticular article that sates that this wouldnt be double jeapordy.
this is for a paper i am writing for a political science class i am taking.

The courts have ruled over and over that it’s not double jeopardy. In the case of the Oklahoma City bombing Terry Nichols was tried and convicted by both the federal government and the State of Oklahoma. Same crime.

The cops who beat that cretin, Rodney King, were acquitted by the State of California and convicted by a federal court. Same crime.

Many KKK members who were acquitted by State Courts in the South, back in the 60’s, have since been convicted by federal courts. Same crimes.
Yak Rider | Nov 15, 2009

However understand depending on what was done the military can try you for something entirely different related to the offense. For example, we all know we’re not supposed to drink and drive, however if you go out in town and drink and drive and are caught, you’ll go to jail, go to court, pay a fine etc, etc. The military can get you for disobeying a lawful order or if commited the crime during the week and jailed causing you to be UA/ AWOL then you can get in trouble for being UA/AWOL.

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Cadillac Man | Nov 15, 2009

In the U.S. military courts martial are subject to the same law of double jeopardy, as the U.S. Constitution is the supreme law of the military, superseding the Uniform Code of Military Justice. Nonjudicial punishment is considered akin to a civil case and is subject to lower standards than a court martial, which is the same as a court of law. However if a non-judicial or NJP proceeding fails to produce conclusive evidence, the commanding officer (or ranking official presiding over the NJP) is not allowed to prepare the same charge against the military member in question. In a court martial, acquittal of the defendant means he is protected permanently from having those charges reinstated.

Double jeopardy also does not apply if the defendant was never tried from the start. Charges that were dropped or put on hold for any reason can always be reinstated in the future if not barred by any statute of limitations.

For example: If you get a DUI off post, the civilian authories can fine you, take your license and even lock you up. You can still face charges by your unit commander for violating special orders (2nd offense or violation of a safety brief), unbecoming an officer (if that’s your rank), underage drinking, whatever the post commander policy is, etc. You normally would receive a general officer’s memorandum of record (GOMOR) for off-post offenses. Now if it was murder or domestic violence that happened off post, it will depend on who has jurisdiction and what the policy is for these types of offenses. Normally crimes by and against service members are persecuted by the military.

Why?
Shock and Awe | Nov 15, 2009