Reference no: EM133724970
Discussion Post
In May 2008, a federal grand jury indicted Lori Drew, 49, of Missouri, the first of what would become known as the cyber bully. Ms. Drew had created a fake account, posing as a teenage boy to gather information from Megan Meier, a 13-year-old girl. Ms. Drew's daughter had a falling out with Megan. While posing as Josh, Drew pretended to be interested in Megan and then said she was "fat" and that the world would be a better place without her. Megan hanged herself within an hour of receiving the final comments from "Josh." Since the time of this case, there have been many other similar incidents.
Another instance occurred in 2017. Conrad Roy III had been dating Michelle Carter, and both suffered from depression. Conrad had died by carbon monoxide poising, appearing to be a suicide. Later, his girlfriend, Michelle, was charged with involuntary manslaughter after investigators discovered texts where she urged him to get back into the truck and continue with his plan. At no time, did Michelle do anything to help Conrad. She never called for help or tell him to get out of his truck as she listened to him die. The jury found her guilty of the involuntary manslaughter.
Consider the following scenario.
Melanie, a 27-year-old mother of two was found murdered in her home along with her young children. The suspect was Sergeant Tuffman, a military officer, stationed in the state where the crimes occurred. Sergeant Tuffman had visited Melanie's home a few days before the murders because he had purchased a car from Melanie. At trial, Sergeant Tuffman was convicted of the murders; however, he appealed the conviction. Thereafter, the case was retried, and Sergeant Tuffman was acquitted of the murders.
Sergeant Tuffman continued to serve in the Army. Several years after the acquittal of the murders, the military tried him for the murders. Sergeant Tuffman claimed that he could not be tried for the murders because of double jeopardy.
For this discussion, you will answer the following.
1) Discuss if the military may try Sergeant Tuffman for the murders.
2) In your answer, you should discuss what is double jeopardy, where you may find the double jeopardy clause (i.e., the document you will find it), and does double jeopardy apply.