Military Affairs and Defense

Rhode Island Code of Military Justice

SECTION 30-13-47

§ 30-13-47. Double jeopardy.

(a) No person may, without his or her consent, be tried a second time in any military court of the state for the same offense.

(b) No proceeding in which an accused has been found guilty by a court-martial upon any charge or specification is a "trial" in the sense of this section until the finding of guilty has become final after review of the case has been fully completed.

(c) A proceeding which, after the introduction of evidence but before a finding, is dismissed or terminated by the convening authority or on motion of the prosecution for failure of available evidence or witnesses without any fault of the accused is a "trial" in the sense of this section.

History of Section.
(G.L. 1956, § 30-13-47; P.L. 1962, ch. 82, § 1.)