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Can a person convicted and punished in a state civilian court later be punished for the same conduct in the military system? |
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As a matter of law, yes, because constitutionally there is no double jeopardy or double punishment. Both the Federal government and a State may prosecute someone for the same conduct.
However, as a matter of policy, the military usually does not punish someone for an offense for which they have already been tried by a State court. The military can enter a civilian conviction in the member’s personnel record, suspend various privileges, require alcohol or drug screening, etc. (These are administrative matters and are not considered disciplinary or criminal penalties.)
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