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Hawaii Revised Statutes Division 1. Government § 124B-69

Current as of January 01, 2025 | Updated by Findlaw Staff

(a) No person shall without the person's 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 shall be a trial under this section until the finding of guilty has become final after review of the case has been fully completed.

(c) A court-martial with a military judge alone is a trial in the sense of this section if, without fault of the accused:

(1) After introduction of evidence; and

(2) Before announcement of findings under section 124B-79,

the case is dismissed or terminated by the convening authority or on motion of the prosecution for failure of available evidence or witnesses.

(d) A court-martial with a military judge and members is a trial in the sense of this section if, without fault of the accused:

(1) After the members, having taken an oath or affirmation as members under section 124B-67 and after completion of challenges under section 124B-66, are impaneled; and

(2) Before announcement of findings under section 124B-79,

the case is dismissed or terminated by the convening authority or on motion of the prosecution for failure of available evidence or witnesses.

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Cite this article: FindLaw.com - Hawaii Revised Statutes Division 1. Government § 124B-69 - last updated January 01, 2025 | https://codes.findlaw.com/hi/division-1-government/hi-rev-st-sect-124b-69/

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