Here’s a puzzler for you.
Two ranking US Army officers from outside Nevada are on vacation in Las Vegas. One murders the other and is promptly arrested by the police and charged with first-degree murder. Given who they are, would it be the army or the local authorities that conducted the trial of the defendant? And, if it is one side that normally handles it, are there any circumstances (EG, jurisdiction, etc, etc) that might let the other side take charge from them? I’m writing a novel….
Jurisdiction would fall on those responsible for where the act happened. If the murder happened in the city of Las Vegas, the LVPD and prosecutors office have jurisdiction. This is not to say the Army would not take action, the officer could face charges from the Army for being AWOL and other things that could happen from his absence from his post.
I disagree, partly. Murdering a fellow officer is a court martial offense so the US Army could conduct a court martial. However the State of Nevada could also try him in civilian court, it would be a separate crime and double jeopardy would not apply. An episode of JAG had this very plot where the Navy found the sailor not guilty but Maryland filed charges.
Errrr…is JAG factually accurate?
They’re not something I’d recommend as a bar study aid.
Still, in this case, they appear to have been on the money.
Just as a federal prosecution and a state prosecution can rest on the same facts without offending the Double Jeopardy Clause, so too can a court martial under the Uniform Code of Military Justice and a state prosecution both proceed.
In this case I suspect the Nevada authorities would wish to prosecute, and I suspect the Army would defer to them. However, in the interests of comity of justice – for example, if the Army were seeking the death penalty, which is available under the UCMJ, and Nevada didn’t have it, and all concerned thought the death penalty was appropriate here, then I could imagine Nevada permitting the Army to try the accused first.
Is there anywhere on the Internet I can find out more on this question?