General Discussion
In reply to the discussion: Racist Drill Sergeant who bullied black man to leave neighborhood arrested [View all]qazplm135
(7,654 posts)although I would change usually won't to rarely will.
I can only think of two circumstances where they would:
1. They think the civilian system is only charging to cover up. It's a sham investigation or with a clearly unjust resolution.
2. The civilian system doesn't come to a resolution (hung jury), or does but new evidence comes to light later that changes the evidence. An example of this is one of Timothy Hennis. He had multiple trials ultimately ending in an acquittal. Later his wife's blood was found in a TV I believe, and that new evidence linked him to her murder thanks to the newfangled science of DNA evidence. The military tried and convicted him of the murder based on that evidence.
I never faced this in my time prosecuting or defending, although quite a few times the military took on sexual assaults cases that the civilians investigated and decided to not prosecute.