• Earthwormjim91@lemmy.world
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    1 day ago

    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.

      • Earthwormjim91@lemmy.world
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        17 hours ago

        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.

        • LilBobbyTables@lemmy.today
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          17 hours ago

          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?

          • Earthwormjim91@lemmy.world
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            17 hours ago

            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.

            • LilBobbyTables@lemmy.today
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              8 hours ago

              Ok but the stalking resulting in death doesn’t necessarily involve murder, does it? It just means that they ended up dead, right?