{"id":353846,"date":"2016-04-04T10:47:07","date_gmt":"2016-04-04T15:47:07","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/military\/criminal-law\/double-jeopardy-and-the-military-what-you-need-to-know.html"},"modified":"2016-06-20T20:25:07","modified_gmt":"2016-06-21T01:25:07","slug":"double-jeopardy-and-the-military-what-you-need-to-know","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/military\/criminal-law\/double-jeopardy-and-the-military-what-you-need-to-know.html","title":{"rendered":"Double Jeopardy and the Military: What You Need to Know"},"content":{"rendered":"\n
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Double Jeopardy and the Military: What You Need to Know<\/h1>\n
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Created by FindLaw’s team<\/a> of legal writers and editors<\/i><\/p>\n\n | Last updated\n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

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Key Takeaways<\/h2>\n

Service members already face a more complex criminal justicial system than the average citizen as they are subject not only to civilian criminal laws, but also to those in the Uniform Code of Military Justice (UCMJ). <\/p>\n\n <\/div>\n <\/div>\n<\/div>\n

Double jeopardy is a constitutional protection for criminal defendants that is deeply rooted in legal history<\/a>. In its essence, it’s designed to protect citizens from being charged (and punished) more than once for the same crime. However, there are important legal distinctions for the doctrine, especially when it comes to military personnel.<\/p>\r\n

This can get complicated when both local authorities and the military want to bring criminal charges for the same crime or when the military seeks criminal prosecution after a service member has been acquitted in a civilian court<\/a>. While at first glance, it would appear that service members are protected by double jeopardy from dual prosecutions, that\u2019s not always the case, making it that much more important to understand the concept and what it means for you.<\/p>\r\n

When Does Double Jeopardy Apply to Service Members?<\/h2>\r\n

Double jeopardy protections exist for service members under Article 44<\/a> of the UCMJ which prohibits a service member from "being tried a second time for the same offense." Under the UCMJ, these protections apply as soon as evidence is introduced in a court-martial against a service member, as opposed to civilian courts where it applies when a jury is empanelled and sworn<\/a>. Once evidence is introduced, a service member cannot be tried again by the military for the same criminal offenses at hand, regardless of the outcome, which can include:<\/p>\r\n