Deciding: Murder or Abduction Charge?
{ETA: I just read back & found other posts on this. Hoping it's not too much overlapr} @Murphy1950 sbm & bbm some by me. Interesting question.
Referring to this - Bran
nen? Sad, sad, sad. Briefly, imo the
obstacle re prosecutor bringing murder
(or other homicide) charge was proving her
death had occurred - there in Fairfax County, other VA county, or at any location, period. Yes, death can be proven even w'out a body, for ex, a large pool of MisPers' blood at a scene, a volume of blood loss that a person could not survive.
What P'r could & did prove: perp took her
from party (at apt complex blding where she & Mom lived) in Fairfax County to other location (had to be other location, because she was not found still there at party location): soooo =
abduction under VA law plus intent to defile.** my 2 cts.
Oversimplifying, but gen'ly in any US
state, a prosecutor has authority to a
prosecute crime in which one or more elements occurred within county/district/location s/he serves.
For ex, if all elements of Brannen crime had occurred in NY instead of Fairfax County VA, the Fairfax County prosecutor would not have had authority to prosecute this perp in Brannen case & VA
court would not have had
jurisdiction to hold the trial. my 2 cts.