Double Jeopardy

Can I be punished by both the military and a civilian court for the same crime?

It is Double Jeopardy. Unfortunately, this happens quite frequently. If civilian law enforcement charges you with a crime, not only will you face civilian charges, but you will also likely face action by your Command. For example, if you receive a DUI, you will face prosecution in civilian court, which may carry a driver’s license suspension, fines, court costs, and even jail. Those punishments do not stop your Command from punishing you for the same conduct. Your Command can impose non-judicial punishment (NJP) or administratively separate you after a civilian court has punished you. 

The court dismissed the civilian charges. Now what?

The civilian court dismissed your charges. Your Command can still punish you. This may mean you receive a non-judicial punishment or administrative separation for conduct that a civilian court found you did not commit. You may be Court-Martialed for the same conduct you were found not guilty of by a civilian court. 

What About Double Jeopardy?

Many of us have heard this term, but its meaning may surprise you. Double jeopardy does not prevent you from being prosecuted and punished by a civilian court and the military. In other words, double punishment is not double jeopardy. Service members incorrectly believe double jeopardy prevents them from being prosecuted by both the military and civilian courts. That is false. Civilian criminal laws differ from the Uniform Military Justice Code (UCMJ). While the UCMJ and criminal civilian laws may outlaw similar conduct, service members can be prosecuted under both statutes. 

Can You Give Examples of When Double Jeopardy Applies?

Double jeopardy stops the military from convicting a servicemember for violating the UCMJ and then pursuing a second conviction for the same act and crime. Double jeopardy prevents you from being re-prosecuting by a civilian court for the same crime you have been acquitted of following a trial. 

What Should I Know?

Be aware that you can be under the jurisdiction of both military and civilian law. Remember that double punishment is not double jeopardy. The civilian court may convict you. Later, you can be administratively punished and administratively separated by the military. A separation is not a criminal punishment but an administrative action – therefore, double jeopardy does not apply. Our team of attorneys fight on both fronts. At Crisp and Associates, we are dual-threat attorneys. Our civilian attorneys aggressively handle UCMJ violations, court-martial, and civilian criminal charges. Every one of our attorneys has experience in civilian courts and the military justice system.