• Earthwormjim91@lemmy.world
    link
    fedilink
    English
    arrow-up
    2
    ·
    2 days ago

    It is in New York. Charges arising from the same action are double jeopardy, even if they’re different charges.

      • Earthwormjim91@lemmy.world
        link
        fedilink
        English
        arrow-up
        1
        ·
        1 day ago

        Stalking resulting in death, is as close to murder as you can get with federal charges. There’s no federal murder statute.

        They’re the same action.

          • Earthwormjim91@lemmy.world
            link
            fedilink
            English
            arrow-up
            1
            ·
            1 day ago

            Ok…. The federal charges carry a life sentence. So not sure what your point is.

            The NY state law is extremely strict and this would kill the state case. That’s not opinion. That’s NY law.

            • LilBobbyTables@lemmy.today
              link
              fedilink
              arrow-up
              1
              ·
              1 day ago

              It’s not an automatic kill of the state case actually. There are many legal opinions out there of how it could not, or how it could. It’s not clear cut.

              The point is, either way he’s getting life (or death). If somehow he didn’t at the federal level, but was found guilty, the state can still try for murder.