Under the 5th Amendment protections in a court-martial context, can a service member be tried twice for the same offense by the same sovereign?

• A. False
• B. Only if the first trial was by civilian court
• C. Double jeopardy does not apply to military cases
• D. True

Answer: (D)

The key idea is how double jeopardy works in military justice. The Fifth Amendment’s protection against double jeopardy generally prevents a service member from being tried twice for the same offense by the same sovereign. In a court-martial, once there is a final disposition—an acquittal, a conviction, or a dismissal with prejudice—the service member cannot be retried in a court-martial for the same offense.

You can be prosecuted for a different offense arising from the same conduct if the new charge rests on different elements (the Blockburger test), or in a different sovereign’s system (dual sovereignty) for a separate offense, but not simply to retry the same offense in the same military jurisdiction.

So, the correct takeaway is that repeated prosecution for the same offense by the same sovereign is not allowed.