Essay about Law The Dual Sovereignty Doctrine - 577 Words

In this essay, I will create a factual scenario indicating a crime against a person explaining how the same conduct may be prosecuted either in state or federal court pursuant to applicable state and federal statutes. I will identify the state statute, define the crime, and provide a citation to the authority. Similarly, I will provide the federal definition of that crime, including a citation to the applicable statute. The factual scenario that follows will demonstrate a case in which the same conduct can be prosecuted as a crime in federal or state court. Hugh and Alexandria live in Atlanta, Georgia. Hugh, a Caucasian male, was raised up that Caucasians are superior to African Americans. Hugh does not like his neighbor,†¦show more content†¦(c) A person also commits the offense of murder when, in the commission of a felony, he causes the death of another human being irrespective of malice. (d) A person convicted of the offense of murder shall be punished by death, by imprisonment for life without parole, or by imprisonment for life† (Justia, n.d., p. 1). In this scenario, Hugh killed Alexandria because of her race, which demonstrates that this was a hate crime; this gives the federal government the proper jurisdiction to prosecute the murder under a hate crime charge. Under the federal law â€Å"18 U.S. Code  § 1111 – Murder. (a) Murder is the unlawful killing of a human being with malice aforethought. Every murder perpetrated by poison, lying in wait, or any other kind of willful, deliberate, malicious, and premeditated killing; or committed in the perpetration of, or attempt to perpetrate, any arson, escape, murder, kidnapping, treason, espionage, sabotage, aggravated sexual abuse or sexual abuse, child abuse, burglary, or robbery; or perpetrated as part of a pattern or practice of assault or torture against a child or children; or perpetrated from a premeditated design unlawfully and maliciously to effect the death of any human being other than him who is killed, is murder in the first degree. Any other murder is murde r in the second degree†¦Ã¢â‚¬  (Findlaw, 2013, p. 1). 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