Murder (United States law) facts for kids
In the United States, when someone is accused of the serious crime of murder, different parts of the government might be in charge of the case. Sometimes, a state's legal system handles it. Other times, the national (federal) government takes over. Even the victim's job or where the crime happened can decide who has the power to prosecute. The U.S. military also has its own rules for murder cases involving service members, found in something called the Uniform Code of Military Justice.
Who Decides? Understanding Jurisdiction
When a murder happens inside a U.S. state, that state's legal system usually has the power, or "jurisdiction," to handle the case. If the crime takes place in Washington, D.C., the local court there, called the D.C. Superior Court, is in charge.
The national, or federal, government steps in for certain cases. This happens if the crime is on federal land or involves federal employees. For example, if a murder happens inside a national park or a federal building, federal courts might have the only power to handle it.
The federal government also has jurisdiction if the victim is a federal official, like a judge or an FBI agent. This also applies if the victim is an ambassador or other foreign official protected by the United States.
Federal courts also handle murders that involve crossing state lines. For instance, if a crime starts in one state and ends in another. Murders on U.S. Navy ships or U.S.-flagged merchant vessels in international waters are also under federal control. This is true for crimes on U.S. military bases anywhere in the world.
If a member of the United States military commits murder anywhere, it's a violation of Article 118 of the Uniform Code of Military Justice. Their trial is held by a special military court called a general court-martial.
When Two Governments Can Act: Dual Sovereignty
In the United States, a rule called the "dual sovereignty doctrine" applies to murder and other crimes. This means that if a murder involves both state and federal laws, the person accused can be tried and punished separately by each government. This is not considered "double jeopardy," which usually means you can't be tried twice for the same crime. Here, it's seen as two different governments trying you for breaking their specific laws.
Sometimes, a murder can be prosecuted by a federal court if another federal law was broken at the same time. This is sometimes called "piggyback jurisdiction."
For the crime of murder in the United States, there is no "statute of limitations." This means there's no time limit for how long after the crime someone can be charged. For most other federal laws, there is a five-year time limit.
