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Because of concurrent jurisdiction the federal prosecutors and federal court system may also prosecute a person accused of committing certain offenses even despite the person having been prosecuted or pending prosecution in the State Court system.

After reviewing the examples below, you should answer the questions of:

1) Whether you believe that the concept of concurrent jurisdiction is fair? Why or why not?

2) What are the pros/benefits and cons/detriments to this?


–Kaczynski’s activities came to the attention of the FBI in 1978 with the explosion of his first, primitive homemade bomb. Over the next 17 years, he mailed or hand-delivered a series of increasingly sophisticated explosive devices that killed three people and injured 23 more.

–Mailed bombs to universities and airlines

Elizabeth Smart Case

Around 1 a.m. on June 5, 2002, a man with a knife entered the bedroom of 14-year-old Elizabeth Smart and her nine-year-old sister Mary Katherine and forced Elizabeth to leave the house and walk into the woods four miles behind her Salt Lake City home to a secluded campsite. Nine months later, Elizabeth Smart was found in nearby Sandy, Utah after spending months at the campsite, traveling to California, and returning to Utah with her captors.

  • Brian David Mitchell (born October 18, 1953) is an American former street preacher convicted in United States Federal District Court in Utah for the Elizabeth Smart kidnapping following six years in psychiatric custody. He was sentenced to life in prison on May 25, 2011.
  • Criminal Charges:

–Utah (state court): Kidnapping, two counts of aggravated sexual assault, two counts of aggravated burglary, conspiracy to commit aggravated kidnapping

–U.S. (Federal court): Kidnapping and illegally transporting a minor across state lines for sexual purposes


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