Even as many of us are still reeling from the assassination of Charlie Kirk and trying to understand what is happening to our country, I have been repeatedly asked three legal questions about it. For those looking for a little legal distraction or clarity, here are my answers.
Why has the suspect, Tyler Robinson, been charged under Utah law instead of federal law, and can he get the death penalty?
Robinson has not been federally charged, at least not yet, because murder by itself is not a federal crime. Other jurisdictional elements have to be satisfied. For example, if someone kills a federal officer or kills on federal property, that is a federal offense. There is a federal hate-crimes statute, but it is keyed to familiar protected classes, making murder a federal offense if the perpetrator killed because of the victim’s race, color, religion, national origin, gender, sexual orientation, gender identity, or disability. In other words, it’s not a federal offense to kill someone because of their political opinions.
Robinson was arrested for aggravated murder, and yes, if he is convicted, he could get the death penalty. Aggravated murder is a capital offense in Utah. In fact, Utah is one of the few states that still executes by firing squad, so Kirk’s murderer could literally reap what he sowed.
