I would argue if we got a jury to say he was not guilty because shooting a Rich Ghool was Defence, it would cause FAR more worries than a simple nulification.
Kinda. It has to be a crime in both jurisdictions, and it’s only between state and federal systems. Two different courts in the same state are under the same judicial authority, so they can’t both try you.
If you commit bank robbery for example, you’ve invariably committed armed robbery in a state against an entity under federal jurisdiction. That means they can both prosecute.
The feds don’t have jurisdiction for murder in a typical new York sidewalk.
I would argue if we got a jury to say he was not guilty because shooting a Rich Ghool was Defence, it would cause FAR more worries than a simple nulification.
They would just retry in federal with the most stacked jury in us history.
Double jepordy, I would hope cracks would atleast become glaring if that happened
Double jeopardy only protects you from retrial from the same entity.
I think its the same crime period, reguardless of who tries it.
It’s not.
Wikipedia: Double_Jeopardy_Clause::Dual_sovereignty_doctrine
Kinda. It has to be a crime in both jurisdictions, and it’s only between state and federal systems. Two different courts in the same state are under the same judicial authority, so they can’t both try you.
If you commit bank robbery for example, you’ve invariably committed armed robbery in a state against an entity under federal jurisdiction. That means they can both prosecute.
The feds don’t have jurisdiction for murder in a typical new York sidewalk.
Interesting. What if the killer crossed state lines or some such nonsense. Maybe had a federal gun charge preventing them from owning a weapon?
Only in the short term!
Well we would not have a legal fraimwork to do this agian