There’s no federal murder statute. The action was crossing state lines to kill him. Federally that’s stalking resulting in death. NY state law that’s murder. Same action, different charges.
Well not really. Stalking resulting in death wouldn’t necessarily mean they committed murder, would it? If you were stalking someone and they got hit by a car running from you, that’s not murder but it would be stalking resulting in death wouldn’t it?
There’s no federal murder charge. This is the closest equivalent. It’s fundamentally the same thing and carries the same penalties. You can literally think of it as the same charge just worded differently.
Double jeopardy only applies to the same crime doesn’t it? Stalking and murder aren’t the same crime.
New York has one of the strictest double jeopardy laws in the country. It applies to charges arising from the same action, not just the same charges.
It’s super easy to make a distinction between staking and murder as different actions.
Well the federal charge wasn’t just “stalking”.
It was “stalking resulting in death”.
There’s no federal murder statute. The action was crossing state lines to kill him. Federally that’s stalking resulting in death. NY state law that’s murder. Same action, different charges.
Well not really. Stalking resulting in death wouldn’t necessarily mean they committed murder, would it? If you were stalking someone and they got hit by a car running from you, that’s not murder but it would be stalking resulting in death wouldn’t it?
There’s no federal murder charge. This is the closest equivalent. It’s fundamentally the same thing and carries the same penalties. You can literally think of it as the same charge just worded differently.