? to the lawyers and those who play them on the internet...

[CincyDem]

...can an individual confess to a crime to which he/she has not been charged ? For example, could I just walk into a courthouse somewhere and confess to something like, say...violations of campaign financing...or FARA violations...etc.

Asking in the context of the Gamble case coming up to SCOTUS this term. As I understand it, SCOTUS could decide that no state can charge an individual for a crime if that individual has pleaded guilty to in federal court.

Lot of talk about how mueller is so carefully managed the filings to enable state charges (exempt from presidential pardon authority) should the need arise.

If the family just confesses and pleads guilty in federal court (obviously with the intent of being pardoned)...in a post Gamble world does that preclude an state charges ??

Just a weird thought and I figured someone around here would either have the answer of have an opinion that sounds pretty good. lol

Thanks.

[TomSlick]

1. It would be an astounding result if the Court overturned the separate sovereigns exception but yes.

If the Court overturns the separate sovereigns exception, then any conviction in federal court would prohibit a charge in state court for the same offense. I think most states will not prosecute a case that has already been tried in federal court - some states by statute.

[CincyDem]

2. I know NY is one of those states and they're trying to change it.

I thought most states didn't try you for something you were found guilty of but many states let you get tried on the same information if you're found not guilty at the federal level.

We'll see - smarter people than me will step up with some clarity.

Just after I posted this, I saw the article in The Atlantic that puts some meat on the bones of this possibility.

Thanks.

[TomSlick]

3. See the following OP on the same issue.

[link:https://www.democraticunderground.com/100211181425|