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he Fifth Amendment states, in part, that no person be subject for...

he 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.

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The New Yorker, A Reporter at Large Three Trials for Murder In the name of justice, did the military sidestep double jeopardy? by Nicholas Schmidle November 14, 2011 Tim Hennis was an Army sergeant in 1985, when he paid a visit to the home of Katie Eastburn, the wife of an Air Force captain. A few days later, he was arrested for her murder. “I hope you guys know what you’re doing,” Hennis told law-enforcement officials. On May 7, 1985, Tim Hennis, a twenty-seven-year-old Army sergeant in Fayetteville, North Carolina, responded to a classified ad from a local woman trying to sell an English setter. The posting appeared in the Beeline Grab Bragg, a newspaper serving the military community in the area surrounding Pope Air Force Base and Fort Bragg. After talking it over with his wife, Angela, Hennis drove across town to see the dog. According to his later account, shortly before 9 P.M. he parked his white Chevette in front of 367 Summer Hill Road, a ranch house with a brick façade and black shutters. He walked up the driveway, holding a leash. Hennis knocked on the door, and Katie Eastburn, the woman who had placed the ad, invited him inside. She was petite, with short dark hair, a bright smile, and a pale complexion. At six feet six, Hennis towered over her; he was sturdily handsome, with heavy eyelids, a light mustache, and thin blond hair parted on the right. Eastburn told him that she had just put her three young daughters to bed. Her husband, Gary, an Air Force captain, was away at squadron officers’ school in Alabama. The family planned to move, later that year, to England, where Gary was slated for a job as a liaison to the Royal Air Force. The couple worried that Dixie, the English setter, wouldn’t tolerate quarantine; as Hennis later recalled, Eastburn told him that they were just seeking a good home for Dixie and had included a nominal price in the ad, ten dollars, to “keep the cranks away.” Hennis liked the dog and wanted to take it home, to make sure that it got along with his spitz. Eastburn watched from the driveway as Hennis led Dixie into his Chevette and drove off.
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The Fifth Amendment.doc