Mangione still faces murder charges in a state trial set to begin next month, but his guilty plea in federal court is expected to have significant impacts on the state trial. New York state’s strict double jeopardy law could potentially upend those proceedings. That law says that a defendant can’t be tried twice for the same thing.
Mangione’s defense team cited that law in a motion filed Friday, shortly after his federal guilty plea, urging state court Judge Gregory Carro to dismiss state charges against him, including a count of 2nd degree murder. If successful, that legal maneuver could spare Mangione a longer prison term.
I can’t imagine the state dropping charges because he pled to stalking, while also admitting the murder.
That’s the thing with double jeopardy, though. It fully prevents a double charge for the same crime regardless of what the circumstances are. If the system works as written (which it hasn’t been for some time), if he is found guilty for stalking he cannot be charged for murder for the same case.
the stalking and the killing are different things though. he did the stalking and stood near him on the street; that’s its own charge, and one he’s pled guilty to. after that, separately, he pulled out a gun and shot him; that’s a different charge. my understanding of double jeopardy is that you can’t face the same charge for the same action twice, but he’s facing two separate charges for two separate actions. is that not correct?
Also he admitted to possessing a firearm in Manhattan, which there are no federal charges for, those would be local laws that you cannot carry one there without regulated permits.
He didn’t just plead guilty to stalking, he pled to interstate stalking resulting in death. The shooting was part of his guilty plea today, not a separate action like you suggest.
Not that I really have any hope or faith in our justice system- the government holds all the cards, and they are making an example of him. Getting double jeopardy protection will be an uphill battle.
Yeah, seems complicated.
I can’t imagine the state dropping charges because he pled to stalking, while also admitting the murder.
That’s the thing with double jeopardy, though. It fully prevents a double charge for the same crime regardless of what the circumstances are. If the system works as written (which it hasn’t been for some time), if he is found guilty for stalking he cannot be charged for murder for the same case.
the stalking and the killing are different things though. he did the stalking and stood near him on the street; that’s its own charge, and one he’s pled guilty to. after that, separately, he pulled out a gun and shot him; that’s a different charge. my understanding of double jeopardy is that you can’t face the same charge for the same action twice, but he’s facing two separate charges for two separate actions. is that not correct?
Also he admitted to possessing a firearm in Manhattan, which there are no federal charges for, those would be local laws that you cannot carry one there without regulated permits.
He didn’t just plead guilty to stalking, he pled to interstate stalking resulting in death. The shooting was part of his guilty plea today, not a separate action like you suggest.
Not that I really have any hope or faith in our justice system- the government holds all the cards, and they are making an example of him. Getting double jeopardy protection will be an uphill battle.