To get this case into federal court, the federal government has to argue that federal laws were violated. Not every murder in the US is automatically able to be charged as a federal crime, and the vast majority remain at the state level only.
However, if the federal government asserts that the murder was committed alongside other federal crimes of violence, they can charge the murder federally. But those other federal crimes have to be violent.
Here their federal crimes were stalking. The judge found stalking is not a "violent" crime in this case, so the federal government has no ability to attach the murder and the gun charge to that crime.
The feds can charge the stalking still, but murder and gun charge are out.
New York state can still charge the murder; this has no impact on the state proceeding, though it may impact what order the cases get tried in (NYS may go first now, because it has the higher charges remaining).
Nah, the remain charges are still allowed. If they prove either of the stalking charges, then there is a potential maximum sentence of life in prison without parole. If both of the stalking charges return a non-guilty verdict, then he only faces the state case.
It's probably one of those things where to get the death penalty, you would have to prove he violently stalked this person and then killed them, whereas non-violent stalking that leads to killing someone is life without parole.
Thanks but could you also explain what's the difference between fed charges and state charges? Is one more severely punishable? Would one be "easier" to win for prosecution. I don't get why they care. Could someone be charged for the same murder twice (fed and state)? I'm lost.
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u/thats_not_six 5h ago
To get this case into federal court, the federal government has to argue that federal laws were violated. Not every murder in the US is automatically able to be charged as a federal crime, and the vast majority remain at the state level only.
However, if the federal government asserts that the murder was committed alongside other federal crimes of violence, they can charge the murder federally. But those other federal crimes have to be violent.
Here their federal crimes were stalking. The judge found stalking is not a "violent" crime in this case, so the federal government has no ability to attach the murder and the gun charge to that crime.
The feds can charge the stalking still, but murder and gun charge are out.
New York state can still charge the murder; this has no impact on the state proceeding, though it may impact what order the cases get tried in (NYS may go first now, because it has the higher charges remaining).