United Healthcare CEO shot and killed in NYC

258,486 Views | 1474 Replies | Last: 2 days ago by Im Gipper
AustinAg2K
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Ag with kids said:

Im Gipper said:

Mangione faces two federal interstate stalking charges resulting in Brian Thompson's death, which carry a maximum sentence of life in prison without parole.

If he accepts the plea deal, it would cancel his January federal trial and could jeopardize his state trial scheduled for September 8 because of New York's double jeopardy law. He faces murder charges at the state level.



I haven't understood how it's double jeopardy.

Federal charge: Stalking

State charge: Murder

He wouldn't be tried in state court a second time for the same crime.

Does NY say that people can only be charged with ONE crime when arrested? So, if you rape 3 women, kill 2 people, burn down a bank, and rape 3 women, they have to pick one crime to charge you on?


If not, then how is being charged with stalking AND murder any different?


How I understand it, in NY, all the acts committed at the same time have to be charged together. So, if you murder a dude while committing armed robbery, you can't first be charged for murder, and then a second time for robbery. You have to be charged for everything all at once. So, since the federal crime didn't include murder, it's now out for the state... Or at least, that's the defense's argument. However, I can see an argument made that since the stalking happened over multiple days, and he there were times he didn't stalk the CEO, it is actually an entirely separate act. Like you could say, on Monday and Tuesday he was stalking, but since he went home and went to bed, it resets the clock. So, when he killed him on Wednesday, it's a new crime. I really didn't know what the law says, but I can see the prosecutor trying to make that argument.
Ag with kids
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AG
AustinAg2K said:

Ag with kids said:

Im Gipper said:

Mangione faces two federal interstate stalking charges resulting in Brian Thompson's death, which carry a maximum sentence of life in prison without parole.

If he accepts the plea deal, it would cancel his January federal trial and could jeopardize his state trial scheduled for September 8 because of New York's double jeopardy law. He faces murder charges at the state level.



I haven't understood how it's double jeopardy.

Federal charge: Stalking

State charge: Murder

He wouldn't be tried in state court a second time for the same crime.

Does NY say that people can only be charged with ONE crime when arrested? So, if you rape 3 women, kill 2 people, burn down a bank, and rape 3 women, they have to pick one crime to charge you on?


If not, then how is being charged with stalking AND murder any different?


How I understand it, in NY, all the acts committed at the same time have to be charged together. So, if you murder a dude while committing armed robbery, you can't first be charged for murder, and then a second time for robbery. You have to be charged for everything all at once. So, since the federal crime didn't include murder, it's now out for the state... Or at least, that's the defense's argument. However, I can see an argument made that since the stalking happened over multiple days, and he there were times he didn't stalk the CEO, it is actually an entirely separate act. Like you could say, on Monday and Tuesday he was stalking, but since he went home and went to bed, it resets the clock. So, when he killed him on Wednesday, it's a new crime. I really didn't know what the law says, but I can see the prosecutor trying to make that argument.

That's why I gave my example:

Quote:

So, if you rape 3 women, kill 2 people, burn down a bank, and rape 3 women, they have to pick one crime to charge you on?



And shame on F16 for not getting my joke in that example...
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AustinAg2K
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Ag with kids said:

AustinAg2K said:

Ag with kids said:

Im Gipper said:

Mangione faces two federal interstate stalking charges resulting in Brian Thompson's death, which carry a maximum sentence of life in prison without parole.

If he accepts the plea deal, it would cancel his January federal trial and could jeopardize his state trial scheduled for September 8 because of New York's double jeopardy law. He faces murder charges at the state level.



I haven't understood how it's double jeopardy.

Federal charge: Stalking

State charge: Murder

He wouldn't be tried in state court a second time for the same crime.

Does NY say that people can only be charged with ONE crime when arrested? So, if you rape 3 women, kill 2 people, burn down a bank, and rape 3 women, they have to pick one crime to charge you on?


If not, then how is being charged with stalking AND murder any different?


How I understand it, in NY, all the acts committed at the same time have to be charged together. So, if you murder a dude while committing armed robbery, you can't first be charged for murder, and then a second time for robbery. You have to be charged for everything all at once. So, since the federal crime didn't include murder, it's now out for the state... Or at least, that's the defense's argument. However, I can see an argument made that since the stalking happened over multiple days, and he there were times he didn't stalk the CEO, it is actually an entirely separate act. Like you could say, on Monday and Tuesday he was stalking, but since he went home and went to bed, it resets the clock. So, when he killed him on Wednesday, it's a new crime. I really didn't know what the law says, but I can see the prosecutor trying to make that argument.

That's why I gave my example:

Quote:

So, if you rape 3 women, kill 2 people, burn down a bank, and rape 3 women, they have to pick one crime to charge you on?



And shame on F16 for not getting my joke in that example...


Not quite the same as your example. They don't have to pick one crime. They just have to charge you for all of them at once. They can't charge you for rape and then later murder, but they can charge you for rape and murder at the same time.

And yes, you really like rape.
Burpelson
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Beginning to think the prosecution is concerned about the sympathy this guy is getting and they are pretty certain that death penalty is not gonna fly.
Im Gipper
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Burpelson said:

Beginning to think the prosecution is concerned about the sympathy this guy is getting and they are pretty certain that death penalty is not gonna fly.


Nothing about this post makes any sense whatsoever.

I'm Gipper
 
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