If they are being prosecuted on the charge of murdering an undercover FBI agent, then wouldn't that be closer to a federal crime? An LA County District Attorney, usually only has jurisdiction over state crimes.
shareIt is likely federal, but it would also be state. Murder is a crime regardless of who the victim is.
shareNah he's correct. No way in hell an FBI agent gets murdered and the feds don't take full control over the investigation and prosecution of the accused.
shareThe point is, it is both. It is a Federal crime to murder an FBI agent. It is also a state crime to murder anybody, but often there are tougher penalties for murdering a law enforcement agent.
Things can get complicated. The feds could insist on taking the case, but they cannot prevent the state from also pursuing it. They could also sit back and wait for the state to proceed and either charge with a federal crime if the state fails to convict, or just pursue a federal case after the state's regardless of verdict.
This would be one of those things which might seem to be double jeopardy, but isn't. There are two separate statutes involved.
Exactly. In the real world, it would be prosecuted by both. There would be 2 trials. 1 state and 1 federal.
shareI don't know anything about the legal system but my college professor is a legal scholar. He told me he is 100% certain the feds would take over this case
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