Double Jeopordy?

[Rschm31]

What is the name of your state (only U.S. law)? KY(Deployed)

I am currently a SSG and being brought under investigation for a serious incident that occured almost 3 months ago, the incident has been investigated and determind no cause for serious punishment almost 2 months ago. The incident is being revisted due to an IG complaint filled by an individual not effected by the incident because they feel my punishment was of a lesser degree than their's on what they feel to be equal circumstances. Currently with the new investigation I am being reccomended Punishment of Field Grade ART 15 by the same people that deemed the incident not serious enough to merit judicial or non judicial punishment. Can they revist the same incident and change the punishment because one person felt it was unfair punishment?

 

[Stephen1]

Since no one else leapt in, here I go. Your question, from the title, is whether being investigated a second time violates the constitutional protection against double jeopardy. Since you have not be tried by a court of law for a violation (nor have you had an Article 15 procedure), they are NOT in violation of the double jeopardy prohibition.

In regard to whether their reinvestigation violates anything in the UCMJ, you will need to talk w/a lawyer who is familiar w/UCMJ.

I took a correspondence course on the UCMJ in about 1975. I remember it was a very thick book.

 

[justalayman]

I'll take Constitutional law for $2000 Alex.





Double Jeopardy only comes into play when you are charged and tried for a crime. If this did not involve a trial, it is simply an administrative action and the UMCJ would control.