Federal Courts Continue to Hold Acceptance of NJP as Precluding Subsequent Federal Charges for the Same Offense

Federal Courts Continue to Hold Acceptance of NJP as Precluding Subsequent Federal Charges for the Same Offense

As previously discussed in United States v. Espinoza (2011), the District Court for the Eastern District of Virginia had barred prosecution of service members in federal courts after they had waived their right to court martial when accepting Non-Judicial Punishment. It appears that holding is continuing to gain momentum, at least in Virginia. A federal judge upheld a federal magistrates holding which barred prosecution of service members in federal court after they had waived their right to court martial.

In United States v. Crank (2012), Judge Trenga determined through a three-part test that the "dual prosecutions" of five different service members were barred. First, the court determined that the service member's prosecution in federal court was a direct consequence of their waiver of court martial when accepting NJP. Secondly, the court held that the service members were not given sufficient notice that the consequence of their waiver of court martial would result in federal prosecution. Finally, the court determined that service member's waiver of counsel when accepting NJP was invalid, as service members were effectively told they had no right to counsel.

In short, the court frowned entirely on MCB Quantico's policy of prosecuting service member's in federal court after conducting NJP; citing that the policy was not merely unfair, but possibly a violation of the MOU between the DOD and DOJ.

Note: According to the Marine Corps Times (March 30, 2012) MCB Quantico has decided to update its policy of "dual prosecution" after the court's ruling

Citations:

United States v. Crank, (E.D. Va. March 16, 2012)

Categories: NJP
Dishman Military Advocates - Military Criminal Defense Lawyer
Located at PO Box 14495
Oklahoma City, OK .
View Map
Phone: (877) 521-9006
Website:
© 2017 All Rights Reserved.

When You're

Ready to talk

Our firm is ready to listen. Call for a FREE case consultation.

Call Toll-Free 877.521.9006
Internet Marketing Experts The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.