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Currently, Robinson faces state charges in Utah, which does have the death penalty. Napolitano suggests that pursuing federal charges might not be necessary, as the case against Robinson appears to be strong enough under state jurisdiction. Federal charges involve more procedural hurdles, such as proving intent, mentality, and interstate commerce influence—elements that might complicate the prosecution.
Despite this, there has been speculation about the potential for federal charges. Napolitano points out that in other high-profile cases, federal involvement can be advantageous, but in this instance, the state's case is compelling enough to proceed independently.