answer the forum question 7

The Fifth Amendment states, in part, that no person be subject for the same offense to be twice put in jeopardy of life or limb. Article 44(a) of the Uniform Code of Military Justice provides that no person may, without his consent, be tried a second time for the same offense. Double jeopardy is a deeply rooted Constitutional protection.

Timothy Hennis, an Army Soldier, is currently on death row at the United States Disciplinary Barracks, Fort Leavenworth, Kansas. He was tried three times for capital murder. In his first trial in the State of North Carolina, he was convicted and sentenced to death. His case was overturned on appeal and at his second trial in the State of North Carolina, he was acquitted (found not guilty). In his third trial, he was convicted at a military court-martial and sentenced to death.

Discuss whether Hennis’ third conviction should be overturned on double jeopardy grounds, or whether his conviction should stand. In addition, was the evidence sufficient for Hennis to be convicted beyond a reasonable doubt during the first State trial and at the military court-martial? Support your position.

0 replies

Leave a Reply

Want to join the discussion?
Feel free to contribute!

Leave a Reply

Your email address will not be published.