this post was submitted on 14 Dec 2024
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[–] [email protected] 12 points 4 days ago (2 children)

How does that thing work btw? Murder is a federal crime as well no? And I remember reading trump's administration executed bunch of people for murders

Sorry for being dumb europoor

[–] [email protected] 9 points 4 days ago* (last edited 4 days ago) (2 children)

The fifth amendment blocks prosecuting people multiple times for the same crime, so state and federal laws are limited to their own jurisdictions. If they're in state jurisdiction, the state law applies and federal does not. Federal jurisdiction is limited to edge cases like Washington DC, national parks, coastal waters, etc. or crimes that involve crossing state lines.

[–] [email protected] 8 points 3 days ago (2 children)

crimes that involve crossing state lines.

Well he did just that. He's currently in Pennsylvania fighting extradition to New York. Plus he apparently lives in Honolulu, from which he traveled to the "bean counter conference" he knew Thompson would be at.

That sounds federal enough to me.

Too bad that the current president considers institutions and norms much more important than the health and happiness of regular people and the incoming one is enthusiastically in favor of and a perpatrator of predatory corporate practices, making the chances of a pardon from either of them literally nonexistent.

[–] wander1236 5 points 3 days ago (1 children)

Crimes crossing state lines means he would have to kill someone in a different state as well. Committing a crime in one state and then just fleeing to another doesn't make the case federal.

[–] [email protected] 4 points 3 days ago

What if he planned it in one state and carried it out in another? Would that count?

[–] [email protected] 2 points 3 days ago* (last edited 3 days ago)

At least for murder, that would only apply if the guy was in New Jersey and shot someone in New York with a sniper rifle. For instance, the Unabomber got federal murder charges because he sent his bombs across state lines. The act itself has to cross state lines.

[–] [email protected] 1 points 3 days ago

So Texas can just implement the purge legally?

[–] [email protected] 4 points 3 days ago* (last edited 3 days ago) (1 children)

Dual Sovereignty

Both the Federal and State governments have jurisdiction. If the either the state or federal charges get pardoned or acquitted, the other can also prosecute, double jeopardy rules don't affect dual sovereignty.

Edit: The funny thing about this dual soreignty, is that he can get a Jury Nullification on state charges, but then get charged with federal charges and get a different Jury, and this Jury might decide to not nullify and he can still get convicted.

[–] [email protected] 2 points 3 days ago (1 children)

Getting tried for the same crime twice is Bullshit.

[–] [email protected] 1 points 3 days ago* (last edited 3 days ago)

Technically, its considered different two different "offences", one is against the State, the other is against the United States of America, even though it may be just one act.

Oh fun fact. If a single act violates 2 states' laws, boths states can individually try you for the same act, since they are different "offences" (even tho its the same act). And the federal government can still try your case on top of that. (Although, I don't know of many instances of doing one act that get you violating 2 states' laws)

I agree, it's bullshit, but the supreme court decided its okay so here we are... sorry, I don't decide the rules, go argue with the supreme court about it 🤷‍♂️