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GregariousGroundhog

(7,593 posts)
6. Your second statement about military and civilian is partially true.
Mon Jun 13, 2022, 04:20 PM
Jun 2022

If a person commits a single act, they can be charged once by the federal government, and once by one (or more!) state governments.

If a service member is charged under the Uniform Code of Military Justice (UCMJ), that charge is under the sovereignty of the federal government. As such, the Department of Justice cannot charge them again if they dislike the result.

If a service member not subject to the UCMJ is charged by the state, they cannot then be charged again by their national guard unit. This would be relevant in a case where, for example, a service member shoots a protestor in the back of the head during a riot after being deployed by the governor.

Also note that tribes are sovereign, but that federal territories (Puerto Rico, Guam, etc...) are not.

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