State v. Ivie

(dissenting) — In these cases we are required to decide whether the imposition of nonjudicial punishment on a serviceman by his commanding officer at a captain’s mast is a “criminal prosecution” so as to preclude subsequent prosecution by the State of Washington. Instead of looking to congressional intent and federal law to determine whether an Article 15 nonjudicial punishment proceeding is a criminal prosecution, the majority looks to the dictionary. The majority ignores all relevant law and changes the *188question from whether the military proceeding is a criminal prosecution to whether the…