UCMJ

Order Description
BLUEBOOK CITATIONS.

Part 1:

A platoon sergeant (E-7) is walking through the barracks and smells what he believes to be marijuana seeping out into the hallway from a barracks room door. He immediately kicks in the door and finds PVT Smokey smoking marijuana. The platoon sergeant immediately begins looking in PVT Smokey’s wall locker and finds a huge bag of marijuana. PVT Smokey tells the platoon sergeant to get out of his room because he has privacy rights. PVT Smokey is now facing court-martial for Article 112a for illegally using and possessing marijuana. Using your textbook and the Manual for Courts-Martial (in your student resources), is the marijuana admissible at the court-martial?

Part 2:

Discuss the right to counsel in the military. Do servicemembers have the right to counsel? If so, when?

Topic: UCMJ

Order Description
The Fifth Amendment states, in part, that no person be subject for the same offense to be twice put in jeopardy of life or limb. Article 44(a) of the Uniform Code of Military Justice provides that no person may, without his consent, be tried a second time for the same offense. Double jeopardy is a deeply rooted Constitutional protection.

Timothy Hennis, an Army Soldier, is currently on death row at the United States Disciplinary Barracks, Fort Leavenworth, Kansas. He was tried three times for capital murder. In his first trial in the State of North Carolina, he was convicted and sentenced to death. His case was overturned on appeal and at his second trial in the State of North Carolina, he was acquitted (found not guilty). In his third trial, he was convicted at a military court-martial and sentenced to death.

Read the following article, view the video (link below), and then discuss whether Hennis’ third conviction should be overturned on double jeopardy grounds, or whether his conviction should stand. Support your position.

https://abcnews.go.com/2020/video/tim-hennis-found-guilty-triple-murder-eastburn-army-military-daughters-11669229 (For closed captioning, click on the CC button on the lower right corner of the video).