A few more thoughts on Kirk's killing. Who prosecutes, Utah or the Feds? Does Utah still have the death penalty? .....

[FadedMullet]

........If so, does Utah still have the firing squad option available to the convicted, like Gary Gilmore in 1977? (All this assuming, of course, that the perp is captured alive.) When is identity is revealed to something less than a liberal, perhaps even a disturbed soul with MAGA tendencies, will the bloodthirsty right tone down their fervor, even a scotch? Who will interview the convicted during his last hours on this earth?

[AZJonnie]

1. I'd give about 25-1 odds this dude will be un-alived before anyone can ask him a single question

Either by his own hand, or by cop.

But in the event I'm wrong, I don't personally know of a reason why this would fall under Federal jurisdiction. Of course, that would not matter to the Orange Shartcannon's Shady Six. If IQ47 wants it to happen in federal court, it will happen in federal court.

Utah law allows execution by firing squad if lethal injection drugs are unavailable, or for inmates who selected that method before a certain date

[LeftInTX]

4. It won't happen in federal court. Mainly because a new president can come along and issue a moratorium on the DP.

Also in Utah federal juries are more diverse than state juries. They will get a stronger conviction from a local jury in this case. A federal jury would pool from Salt Lake City. A state jury would pool from a small conservative county, whether Utah County or if change of venue, it would be from another conservative small county.

[Retrograde]

8. I'm not sure that applies in this case

Kirk wasn’t a Federal official, meaning it’s a state crime. But who knows what justification Blondi will come up with to try the shooter in a Federal court.

[LeftInTX]

9. State court will be much harsher.

[MichMan]

11. Being a Federal official has nothing to do with it.

The Boston Marathon victims were not Federal employees, yet Tsarnaev was convicted in Federal Court and given the death penalty. Eric Holder was AG at the time.

Robert Bowers and Dylann Roof are two other examples.

[Prairie Gates]

16. None of the people you mentioned were charged with standard homicide at a federal level

Bowers and Roof were both charged with varieties of hate crimes at the federal level (resulting in death). Tsarnaev's charge was use of a weapon of mass destruction resulting in death.

There are no doubt some federal charges that might apply here, but the murder itself is a state issue as of now, and that was even stated by the governor.

[MichMan]

2. Since murder is a Federal crime, they can most certainly prosecute

[Prairie Gates]

14. Homicide is a state crime with some exceptions, none of which Kirk fits

Why do you think murder is a federal crime?

[LeftInTX]

3. Utah...FBI assists with apprehension, profiling etc.

Sometimes the feds will charge, especially if federal firearm charges are involved. But in this case, it would defer to the state.

The feds got involved with the Luigi case because he traveled state lines and used cyberstalking in conjunction with murder.

However, the main reason for the feds to indict was because there was no way for New York State to give him a life sentence without a state terrorism charge. So, the feds have their own charges against Luigi if the New York State charges fail. The state terrorism charge is going to be difficult to prove.

There are NO federal terrorism charges against Mangione!

His federal charges are 1st degree murder and cyberstalking.

Utah has stricter penalties than the feds. (Firing squads anyone??)

[2naSalit]

5. Yup...

You can choose hanging or firing squad.

[FadedMullet]

6. I really did ask too many questions, No comments on the MAGA reaction?

[roamer65]

7. Michigan doesn't extradite to DP states when there are capital offense charges from that state.

It’s in our state constitution.

So if the person is still in the United States, it becomes a matter of in which state they are apprehended.

[MichMan]

10. So if Kirk's shooter had just fled to Michigan, he would be immune from state charges?

Did not know that

[roamer65]

12. No. He would be tried in MI and probably get life.

We don’t execute people here in MI. We were the first state to end its DP in 1847.

[MichMan]

13. Michigan can try him for shooting someone in Utah?

[roamer65]

15. The other state usually files the charges here.

The person would be tried by a Michigan jury. We don’t let them free, but we don’t extradite to DP states. It’s in our state constitution.

If it’s a non-DP state, we extradite.

[MichMan]

17. Learn something new every day

I would have thought it would be covered by the 6th Amendment

[roamer65]

18. It usually ends up in court, obviously.

Michigan is very discerning in these cases.