• Earthwormjim91@lemmy.world
      link
      fedilink
      English
      arrow-up
      3
      ·
      2 days 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
          link
          fedilink
          English
          arrow-up
          1
          ·
          1 day 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
            link
            fedilink
            arrow-up
            1
            ·
            1 day 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
              link
              fedilink
              English
              arrow-up
              1
              ·
              1 day 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
                link
                fedilink
                arrow-up
                1
                ·
                16 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?