Posted on Mar 6, 2015
SGT Jim Z.
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Timothy Hennis was tried and convicted won appeal and returned to Active Duty and then retired. Over 20 years later DNA linked him to the case. The Army recalled him and he was convicted at courts martial. We all know double jeopardy but the first trial was in state courts and of course the courts martial is federal.
http://www.fayobserver.com/military/timothy-hennis-seeks-relief-in-federal-court-former-fort-bragg/article_b57f3ef0-f7b6-57a3-8095-78734f397b3f.html
Posted in these groups: Original CrimeLegal scales books gavel image1 Court MartialUcmj UCMJ6840780 xl Law
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CW5 Desk Officer
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Yes, I do agree that's the right move. If a person commits a crime while on active duty and then leaves active duty, they are still responsible for their actions - even though they're no longer on active duty. That's why authorities have the option of bringing the individual back on active duty -- to have them answer for the crime.
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COL Jean (John) F. B.
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SGT Jim Z.

Yes ... Without a doubt. Individuals who violated the law should be prosecuted in accordance with the law.
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LTC Cavalry Officer
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Think we should all be held accountable and as long as there is no statue of limitations on the crime and no double jeopardy, those accused of crimes should be tried.
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Do you agree with the military recalling a service member to face courts martial?
SFC Michael Jackson, MBA
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Tough one, but No
Although I truly believe in people being held accountable for their crimes, I do have a challenge with using the military courts as a tool to witch hunt and retry civilian cold cases.

Using the cross jurisdictions to undercut and deny the legal rights of a person of a person not to retried is deceptive and violates the spirit the double jeopardy in my view.
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Sgt Aaron Kennedy, MS
Sgt Aaron Kennedy, MS
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Almost exactly what I came up with.
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LTC Cavalry Officer
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SFC Jackson, if additional evidence was found (DNA, etc), and there was no statue of limitations on the crime, would you support recalling the Service Member and having a Court Martial?
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SFC Michael Jackson, MBA
SFC Michael Jackson, MBA
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LTC J Keith Purvis,Im not against recalling Service Members for crimes commited that dont a statue of limitations.

I dont like using the military as a double jeopardy loophole.
If the case haven't been decided in other courts, id support the trial and recall
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SPC David Shaffer
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I say yes. You do the crime, you do the TIME!
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COL Ted Mc
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This appears to be a case of a "legal opinion" which resulted in a "creative" method of dealing with a situation that no one really liked in the first place.

If Mr. Hennis can be tried again, in a different court, because there is "new evidence" (which rationale is a large pile of well aged bovine excrement) - then there is no legal reason why he couldn't have been tried again, in a different court, WITHOUT the "new evidence".

The whole "new evidence" issue is raising a lot of problems. Previously "new evidence" would rarely be able to conclusively establish that someone who had been convicted was IN FACT not the person who did the deed. Now it can. Equally, "new evidence" would rarely be able to conclusively establish that someone who had been acquitted was IN FACT the person who did the deed. Now it can.

Maybe it's time to re-examine the whole concept of "new evidence"/"double jeopardy" with a view to making it easier to free the innocent and convict the guilty.

But let's stop manipulating the rules to come up with what appears to be the correct result.
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Cpl Mark McMiller
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If this guy is guilty, he's a scumbag. However, if the article got the pertinent law correct, the military no longer has jurisdiction.
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SGM Erik Marquez
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Absolutely.. A General CM is not normally an ill advised recommendation to the Approval authority. They are not often used as the path unless the case is VERY strong, almost to the point of no down side or chance of loosing.

JAG folks may disagree and they of course see way more of the cases then most of us ever will.
My position is based on what I observed... I never saw a Gen CM that was not deserved and supported with copious evidence.

So if a service member is being recalled for a Gen CM..it needs to be done
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SCPO Joshua I
SCPO Joshua I
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That's very much a circular argument.
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SGM Erik Marquez
SGM Erik Marquez
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And your response is cryptic and devoid of useful feedback that explains your thought on the subject.,

Please expand on your response so we can consider what you think on the subject.
And yes, I am aware of what the phrase "circular argument" means in common useage, so please explain why you believe my response is such.
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1SG Civil Affairs Specialist
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Absolutely.
Not for minor things, mind you. But the example cited is a perfect case in point where it is appropriate. Otherwise, the Soldier in question just gets to go on with life claiming honorable service.
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MAJ J5 Strategic Plans And Training Officer
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Absolutely yes when no statute of limitations in the military.
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