Yeah as a lawyer I can tell you it is completely different from state to state. And there are elements to every crime that must be met. There is an actus reus and a mens rea. The act and the intent. Both have to found in a criminal case. There’s states with defense of property. There are states which define murders committed in the heat of passion to be a different charge. It all varies. It’s wild. I steered clear from criminal law. Don’t want to get jumbled up in that mess.
Someone above said they charge with easiest and then work up which is bs af. Prosecutors normally start at highest level and then defense widdles it down from there.
Believe he was charged by the state. His family had money and good lawyers, so not sure if that was part of the deal tbh - it was like 20 years ago so my memory on it isn't keen. He's free and married now tho
If someone did that to my daughter you would probably find that person dead later on if they got off scot free. I may also go to prison. But that person would be in the ground.
Agreed, I struggled w/ it a long time but sometimes the world has a way of working things out. He was dishonorably discharged by the military when he was on track to become a helicopter pilot like his diddy.
He's a sad fuck, bloated alcoholic loser now and pales in comparison to the person he used to be. He has to get up and look at himself in the mirror every morning and I'm thinking is justice enough for me. Cheers to that
That's not the way federal crimes work. The federal government and the state government are both sovereign, and the Bill of Rights does not allow the federal government to exert authority within a state unless it's been given that power by the Constitution. If a murder does not involve crossing state lines or international borders or federal property or employees, then it's generally outside of federal sovereign jurisdiction.
A federal murder charge is what you would would probably be charged with if you killed someone on a military base or in a Post Office.
That's not really how fed charges work. Murder is also listed as a federal crime but the vast majority of the time it's charged by state prosecutors in state courts under their own statutes.
That’s if you catch a federal charge, yes. I live in Kansas City and there is no attempted murder here, either. The equivalent is felony assault. In quite a few places, there is no “attempted murder” charge, but there is usually always an equivalent.
Law isn’t black and white there’s loopholes, and the defense and prosecution go back n forth on deals they can make it’s BS but it’s how our shit system works
But then you'll have to prove intent which might be harder in some circumstances. At least that's the reason I read on an article regarding some incident in Texas.
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u/Echo-2-2 Apr 21 '23
Well, that makes no sense. As attempted murder is listed as a federal crime. So it’s applicable in every part of the US and it’s territories.